Treviño said they will be cited for violating the state’s seat belt law.
Evidence at the scene indicated that 18-year-old Kyle Gisler, the driver, and his 19-year-old passenger, Casey Pargmann, did not have their seat belts on when Gisler’s truck hit the driver’s side door of a 2003 Ford Escape in the 1500 block of North Washington Street, according to a police report.
In addition, Gisler, the son of a Bee County sheriff’s deputy, will receive a summons on a charge of not having a current inspection sticker on his truck.
The accident killed 72-year-old Skidmore resident Antonio Nuncio instantly and injured his 27-year-old granddaughter, Diana Torres.
She was taken to Christus Spohn Hospital Beeville by the Angel Care Ambulance Service with pain in her left side.
Treviño said it is common practice for the Beeville Police Department to send traffic law violators court summonses in the mail following accidents in which someone is either killed or injured and taken to a hospital.
The chief said BPD investigators have served an evidentiary search warrant and taken custody of the “black box” that was in Gisler’s vehicle.
The box, Treviño said, may provide information that could tell investigators whether or not the two occupants of the truck were wearing seat belts and what speed the pickup was traveling when the accident occurred.
The chief said the black box will either be taken to the Texas Department of Public Safety or the San Antonio Police Department to be examined. He said both agencies can retrieve information from the device. But the SAPD may be able to have the evidence quickly.
Treviño said there is a 50-50 chance that the information investigators are seeking can be retrieved from the black box.
However, the BPD is covering all its bases in the investigation, the chief said.
Treviño said he has contacted the DPS and requested that special state accident investigators be sent to Beeville to reconstruct the accident and try to determine the speed of the pickup at the time the accident took place.
“I’m waiting for a phone call today from a DPS lieutenant,” Treviño said Monday. “We’re going to get that (reconstruction) done as soon as possible.”
“Additional charges could be filed depending on the outcome of the investigation,” Treviño added.
If the speed of the pickup is determined to be a contributing factor to the accident, as some witnesses have suggested, that information will be turned over to District Attorney Martha Warner and it will be up to her to decide if additional charges are filed against Gisler.
However, Treviño quickly pointed out that Nuncio obviously contributed to the accident by failing to yield right of way when he pulled out of West Inez Street and in front of the Gisler’s southbound pickup.
The chief said witnesses have reported that Nuncio stopped at the stop sign at the intersection. But Nuncio then drove into the thoroughfare and into the path of the pickup, Treviño reported.
Witnesses told police that Gisler’s pickup truck was traveling in the inside, southbound lane at the time of the accident but he was passing a vehicle in the outside lane. That, and vehicles parked at a nearby car parts business, could have made it hard for Nuncio to see the pickup coming, the chief said.
Treviño said there were no signs that either of the drivers had been drinking. He said a blood sample was taken from Gisler and it has been sent off for examination. It could be a couple of weeks before police know if there were any traces of alcohol or drugs in the sample.
“We’re going to do what’s right,” Treviño said. Just because Gisler is the son of a local law enforcement officer, that will have no bearing on the outcome of the investigation, Treviño vowed. “We don’t cover up anything. Don’t believe all the rumors you hear out there.”
The fact that the kid was driving a truck that was not legal to be on the road says it all, if he had not chose to violate the State Law, he would NOT have been involved in the death of another human being with that truck on that day.
in response to all concerned posters
This tragedy happened two weeks ago. Yes, the level of concern is most obviously there-advocates for the victims,haters of others, self-appointed "magistrates of morality" , common-sense, hard-working, religious families -everyone has strong feelings and "bomb-proof" theories as to what elements combined and produced the horrific traffic event on the afternoon of 5/29/09. Please, everyone, be patient!
We won't know what happened until the combined
law enforcement agencies complete their investigations. Their singular and collective findings will be matters of public records, so we will be able to read and( if necessary)research their results.
Please save the speculations and foundless innuendos until the the authorities present us with their findings.
Personally, I don't do my best work when pressed to complete a "rush job". I suspect most of you feel the same. Please be patient and wait until the authorities have been given sufficient time and resources in order to deal with this case and to continue their 24/7 jobs of keeping all of safe.
His sticker was illegal for less than one month? Oh so, when's the cut off? One day is still illegal, that's like saying you're only a less than one monthg pregnant...you're still pregnant, and he was still operating a vehicle that was NOT legal to be driven! PERIOD! Grip That!
I went on a ride along a couple of years ago and the officer pulled a over car for speeding and going over the median to get past cars. When the officer ask the driver for his license, registration and proof of insurance, he handed him everything but the proof of insurance, when the officer ask where his insurance card was he said that's where he was going he was on his way to get insurance that's why he was in such a hurry...being a seasoned officer the officer did not fall for that line of bull and ticketed him and his car was towed. Thankfully the officer caught him before he was able to kill an innocent driver or pedestrian.
It has been my experience when someone has such a disregard for Texas Laws they are the very ones causing grief for the rest of law abiding citizens.
To help those that do not have common sense or otherwise it is ILLEGAL to drive in Texas without a valid drivers license, without a valid inspection sticker, without valid registration, without current insurance and proof there of..if you or your auto does not have these neither you or your auto should be on the road.
its more unfortunate for the family that lost their loved one at least the kid gets to go home to his family unlike the victim.
I think the witness that said the kid quickly darted around another car while airing his horn at them for not going as fast as him or getting out of his way and then he struck a vehicle and killed a person. Gave a great description of kids these days driving around in their parents vehicles.
if the deputy's son is violating a simple to comply with law by not wearing a seat belt, then it makes one wonder...
Enzo,
To what rumors are you referring? That the boy will get off with just a citation? What if the FACTS in the case determine that he was not at fault?
Do you think they should charge him with a crime he did not commit just to satisfy people's blood thirst? What if you replaced the phrase "deputy's son" with "Hispanic man" or African American" or any other group, do you think it would be fair to assume somebody is guilty just because of the circumstances of their birth.
If he's proven guilty, he should suffer the consequences; if not, he should not be castigated because of who his parents are. Can we agree that people should not be judged by anything other than their actions.
I am grateful for the cops in Beeville; but then again I am a law abiding citizen and haven't had any negative interactions with them. What's your beef? Have you unfairly been accosted by them? Do you have a problem with criminals in Beeville too or is it just cops?
Cloakndagger,
I like your response and I also think prayers are in order for both families.
Let the light shine on the truth and healing be done!
Prayers for both families devastated by this tragedy. Let's hope that the "black box" from Kyle's truck will provide some definitive answers.
Just curious though, does anyone know anything about skid marks from the truck? I don't recall reading anything about them.