Lawsuit says Trevino was using cell phone at time of fatal accident

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Updated: 3/31/2010 7:53 am
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."

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The views expressed here do not necessarily represent those of News 4 WOAI (WOAI.com)

elrey - 4/1/2010 9:26 AM
averyswife- an accident is just an accident, until it happens to your loved ones...

Gauteng - 4/1/2010 8:44 AM
The reason for the incompetence of some SAPD officers is simple. Not everyone grows up wanting to be a cop. The ones that do tend to be excellent at their jobs and deserving of respect from the community. For others, however, it's a last ditch attempt at securing employment after failing at other endeavors in their lives. When those idiots make it through the academy and are given badges, their past failures resurface in stories like fatal traffic accidents, rape, and domestic abuse. There are a lot of excellent folks that wear the badge and Trevino's lack of driving skills, honest judgment, and overall incompetence should not tarnish the entire SAPD.

Trowsertrowt - 3/31/2010 9:59 PM
just another day on the streets of San Antonio, where people drive like morons even the Cops; slow in the fast lane, talking and texting, slower than slow in the slow lane. this goes further than this accident. If she was driving defesibly instead of being a piggish in the on bound lane this may, I say may have not happened. Ultimately he is at fault as highway traffic always has the right of way. You cannot always expect teh on coming driver to yield or be paying attention. I bet she was distracted also. She could have helped her self in this situation. Again fault, by law is his but the laws only help those that help themselves too. IIf he was not a cop this would have ended weeks ago. Why do we as a society persecute those that serve and protect. I know it is because it is easier to sit on your asses and judge rather than serve the community yourselves..... I am taking niether side, legally he is wronge actually both are wrong.....This city is teh most ignorant rudest drivers in the world, they pay attention to absolutely nothing when driving, drive ultra slow forcing people to get pissed off and pass, don't yield to faster traffic, don't yield at all. Ive driven in NY DC LA and this place is the worst and it is because of attitudes, rudness and slow inattentive drivers.

Mary - 3/31/2010 9:15 PM
Of course he was on the phone texting! Cause if he was paying attention to the road this would have never happened.

Donald 7 - 3/31/2010 7:21 PM
The deal could take more than a year to complete, even if it comes off smoothly, which is unlikely.

Feesta - 3/31/2010 5:43 PM
Oink. Oink. Something smells fishy. Scratch that. Something smells piggish. Must be the corruption that's been kicked up in the air. I think it is irritating my sinuses.

JulieDahlberg - 3/31/2010 5:31 PM
What I want to know is why he kept driving instead of stopping at the scene. If I heard correctly from the 911 tape he was saying "i'm involved, i'm ok...i'm turning around at blanco..." Doesn't it sound like he contemplated fleeing? I mean, if you're in an accident, you stop - then and there. He left the scene - 1st reason to take his license... He caused someone to die in an accident - 2nd reason...among many others. I'm waiting for Troubleshooters to uncover much, much more about this. I hope this family gets justice and he gets prison time. If it had be you or me, trust me we'd be there already.

Savage - 3/31/2010 3:47 PM
All SAPD, you wonder why a vast majority of San Antonio citizens have no respect for you, here lies a prime example of numerous incidents where a few rotten apples make you look like crap. It took a life of a fellow patrolman for a policeman to finally get charged with a felony. I hope you decent cops get the balls and speak up. San Antonio is tired of all the bad cops in our town. I know there are some cops are truly are law abiding cops. Don't let the others ruin your reputation. SPEAK UP to your superiors and stand up for what is right not cover for each other's rear end. This has to stop. I myself have seen or experianced incidents that make me want to throw up because of what some of you do. You dirty cops should not be wearing a blue uniform. You should be wearing a prison uniform. Enough said, I hope the poor family gets some closing to this stupid incident.

vicks - 3/31/2010 3:41 PM
I suppose people are going to find a way to make that this poor wonan's fault. Trevino will not be prosecuted by Susan Reed unless she has something to gain. Don't expect our DA Susan Reed to do anything she better than anyone knows that if you have friends in high places nothing happens. Remember the situation of her son's friend at the airport with a gun? Well the press never follows up and says anything about it---they don't want her mad at them but he has never been prosecuted for the gun case-- NOTHING-- it is sickening...it is all who you know.

joflo65 - 3/31/2010 2:43 PM
I would certainly hope that you would "yield even when I DO NOT have the right away." or else you could "loose my life or that of my loved ones". NOW repeat that to Trevino.
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