SAN ANTONIO -- An off-duty police sergeant who was involved in a fatal crash Sunday had been warned about his reckless driving before.
42-year-old Sgt. Gabe Trevino, a 21-year veteran with San Antonio Police Department was going home in an undercover patrol unit when he was trying to merge onto the highway on 1604 near Stone Oak Parkway.
Police say 64-year-old Rosita Davila, a mother of four, was driving westbound on the main thoroughfare when the two cars collided.
Davila died at the scene. Maria Elena Rodriguez, Davila's cousin who was also in the car, was taken to the hospital and said to be in stable condition Monday night.
According to the police report, an investigator on the scene believed the contributing factors in the crash may have been Sgt. Trevino's failure to yield right of way, and Davila's failure to use evasive driving.
Sgt. Trevino was not ticketed for a traffic violation, because police say there were no witnesses to prove he had broken traffic laws.
But police confirm that Sgt. Trevino had been ticketed for speeding a month ago, and has been warned about his reckless driving before.
News 4 WOAI went out to the scene of the accident with a driving expert, who points out there were no yield signs posted on the on-ramp portion of the highway, but says the drivers already on the highway always have the right of way.
"Regardless of whether there's a sign or not, common sense would tell us we've got fast moving traffic that has established lanes, versus a merger condition," explained driving instructor Gilbert Canamar of A-Approved Defense Driving. "So the established lane, which is the main thoroughfare, would always have the right of way."
