Next hearing set for November
Gilroy – The driver who hit and killed 5-year-old Brayan Trejo pleaded not guilty to charges of vehicular manslaughter Tuesday.
In June, Robertina Franco, 49, struck the Gilroy boy while turning east from 10th Street onto Church Street. A $7,500 warrant was issued for her arrest in August, when Franco turned herself in and posted bail. The charge carries a maximum sentence of one year in jail.
The case split Gilroy residents, some of whom sympathized with Franco, described by coworkers as having a “loving nature,” and some of whom demanded jail time for Trejo’s death.
Franco was not present in court Tuesday, but her attorney, Milton Gonzalez, entered her plea. Outside the courtroom, he said that extensive investigation into the crash is ongoing. Gonzalez recently received a Gilroy Police Department report on the incident.
Another study, undertaken by an engineering consultant hired by personal injury lawyers Charlie Hawkins and Paul Caputo, could prove significant in the criminal case. Hawkins and Caputo, representing the Trejo family, are considering filing a civil case against the city of Gilroy, should investigations turn up evidence that poor traffic engineering caused the accident, or that public officials ignored intersection danger signs.
A pre-trial hearing has been scheduled for Nov. 30 at 1:30pm at the South County Courthouse in San Martin. Following two additional pedestrian deaths in Gilroy in the past month, some residents are anxious to see action on the charges.
“I want to get this moving as soon as possible,” said Amir Alem, Deputy District Attorney, “given what’s happened.”
Gonzalez agreed, but cautioned that a careful, in-depth investigation was essential before hearings could proceed.
“This is a tragic accident,” he said, “and my client extends her deepest sympathies for the family.”
