San Antonio -- A San Antonio family is grieving tonight. Their mother was killed in a rollover accident early Sunday morning. It was an accident that also involved a San Antonio police sergeant who was driving home from work.
The police report says both drivers are to blame for the fatal accident. Sergeant Gabe Trevino failed to yield the right of way. But investigators also say 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.
The news of Rosita Davila's death is just starting to set in with her family. Her daughter, Sylvia Paez, tried to hold back tears as she spoke about her mother's life.
"She was a sweet, hard working lady," Paez told News 4 WOAI.
Rosita Davila worked as a house keeper for nearly 30 years. Sylvia said her mother had just started to enjoy her retirement.
"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."
Rosita Davila's family says police haven't released a lot of details to them about last night's accident. But the one thing they do know is who was driving this police unit that hit their mother’s car.
"Mr. Trevino, you owe our family a big apology,” Sylvia Paez said. “Because only God knows that it was not my mother's time. It was not her time to go. She still had a lot of life. And you owe us that much."
Sergeant Gabe Trevino is a 21-year veteran with San Antonio police. At the time of the accident he was driving an unmarked police unit and was in uniform. Right now he's administrative duty pending the outcome of an investigation.
News 4 WOAI has confirmed San Antonio police investigators have no plans to file charges against anyone.
