Records show woman was not using cell at time she hit 5-year-old
Brayan Trejo
By rachelle Gines Staff Writer
Gilroy – Police say that phone records confirm that the Gilroy woman who struck and killed 5-year-old Brayan Trejo in June was not on her cell phone the moment the accident took place.
“It appears the driver of the vehicle was not receiving or making phone calls at the time of the accident,” Gilroy Police Department Detective Frank Bozzo said. The department checked Verizon phone records to determine whether the woman was on the phone or not.
Robertina Franco, 49, was driving her silver Dodge Ram truck southbound on Church Street the afternoon of June 27, when she made a left turn to head eastbound on 10th Street, hitting the child in the crosswalk.
Despite efforts by witnesses and paramedics to save Brayan Trejo’s life, he was pronounced dead at Saint Louise Regional Hospital later that day.
Jesus Trejo, 13, was with his younger brother in the crosswalk when the accident happened. Jesus Trejo was not hurt, and police said Franco was cooperative and released at the scene.
Neither Franco or the Trejo family could be reached for comment.
A memorial to Brayan Trejo at the scene of the accident on Church and 10 streets, is a testament to the outpouring of support from the local community. Three weeks after the death of Trejo, teddy bears, unopened cards and votive candles still rest against the black wrought-iron fence on the corner of the intersection, just blocks away from the Trejo home.
Community support raised the visibility of the incident, leading city officials to begin a study of the accident site, which is labeled as the 13th most dangerous intersection in the city. Engineers are exploring the possibility of installing a dedicated left turn signal at that particular intersection. If approved, the new signal would be in operation by July 2008.
Bozzo told the Dispatch in an earlier interview that it is not against the law to use a cell phone while driving. He also said that in his opinion, Franco was not negligent in her actions.
“The cell phone is not of real significance from a criminal aspect. I don’t believe it’s negligence, but the District Attorney’s office will have the final say,” Bozzo told the Dispatch in early July.
The phone records from Verizon Wireless will be forwarded to the District Attorney’s Office, along with a supplemental report to the case, Bozzo said. The report is complete and is awaiting forwarding to the District Attorney’s office.
The Glen View Alliance for Neighbors Achieving Success, GANAS, is hosting a fundraiser car show and barbecue on Sunday at Dutchman’s Pizza on Church Street from noon to 6pm. All proceeds will go to the Trejo Family Trust.
Rachelle Gines is an intern attending San Francisco State University. Reach her at 847-7158 or rg****@************ch.com.
