SAN ANTONIO - A lawsuit filed Tuesday claims Sergeant Gabe Trevino was using his cell phone, possibly texting, when he hit another vehicle, causing a fatal accident. The lawsuit stems from an accident that happened two weeks ago off Loop 1604 near Stone Oak Parkway.
Rosita Davila died that night. Now her family and the surviving passenger of that accident, Maria Rodriguez, are suing the City of San Antonio and Sergeant Trevino.
The lawsuit also claims Trevino unsafely and illegally changed lanes when entering the highway, also contributing to the accident.
Attorneys have asked for a restraining order to keep anyone from tampering with important evidence in this case, like the vehicles involved or phone records.
Click here to view lawsuit filed today....The official police report says both drivers are to blame for the fatal accident. Sergeant Gabe Trevino failed to yield the right of way, but San Antonio Police Investigators claim Rosita Davila failed to use evasive action. That means she didn't do enough to prevent the accident. Her family says that just doesn't seem right.
Sylvia Paez, tried to hold back tears as she spoke about her mother's life.
"She was just out for a night of dinner and movies and was on her way home,” Paez explained. “Then this terrible, terrible accident happened.”
The police report shows Rosita Davila was already on Loop 1604, heading west. Sergeant Trevino was in his unmarked patrol car trying to merge onto the highway. At one point, the report shows, both vehicles were in the same lane. The sergeant claims Davila hit him. But a passenger inside her Jeep told investigators she clearly remembered the police car hitting her side of the Jeep, causing them to lose control.
Sylvia Paez told us she’s sure her mother wasn’t at fault, "My mom was the most careful driver. You could check her driving record. No tickets, no accidents."