SAN ANTONIO — A tow truck driver could be criminally charged after San Antonio police said he towed a woman's car with her young girl still inside from a north-side lot.
Officials with the San Antonio Police Department (SAPD) said the car was legally towed from an apartment complex parking lot near Blanco Road and West Avenue just before 11 a.m. on Monday. The 5-year-old child's mother, Dolores Bueso, frantically called 911 and got a ride with a good Samaritan to follow the truck, which belonged to Trinity Towing.
The mother eventually got to the tow yard and was reunited with her daughter, who was safe, police said. The company said it was standing by its driver's actions, saying he followed protocols.
While authorities said the tow was legal, they later said the driver was being investigated for possible child endangerment. A preliminary SAPD report said the mother told police she left the car running "with the flashers on" while she left to contact a neighbor. Though she told police she was "in eyesight" of her daughter, the tow truck arrived and picked up the vehicle "without properly setting it in with chains and break lights" before taking off.
A statement from Trinity Towing claimed the woman was parked in a fire lane and contradicts her report to police, saying instead that the car was off and "there were no signs of anyone inside or around the vehicle."
"We later learned a little girl was asleep on the floorboard when we first towed the vehicle and was not visible to the driver," Trinity Towing said in its statement, adding the car was at the tow yard for "a few minutes" until they learned the child was inside.
"While our driver followed all necessary protocols, the situation could have been much more serious," the company went on to say. "We are relieved that the little girl is safe and unharmed this evening."
A day later, on Tuesday, Trinity Towing said in a new statement that it was cooperating with SAPD in its investigation by sharing photos and "additional witness information," adding the company was a "fully licensed and regulated company."
"We tow thousands of vehicles annually from client properties due to illegal parking, so complaints are an inherent part of our business. We work diligently with the Texas Department of Licensing And Regulation to address and resolve any issues that arise," the company's most recent statement went on to read. "No charges have been filed and the case remains under investigation. At this time, Trinity Towing stands by the tow truck driver and his account of what happened."
Rushing to help
Gilbert Ramirez, the good Samaritan who helped the girl's mother get to the tow yard, said he was leaving his apartment when he noticed the woman screaming for her child as the tow truck driver pulled out of the parking lot. He said he offered to help her right away.
"I said, 'Well, get in the car and let's chase it,' but it was too fast, so I pulled over. I didn't know where it was going," Ramirez said. "I pulled over... and I called the police officer."
He said he's just glad the mother and daughter were able to safely reunite.
"I would not want that to happen to my daughter... or anyone's daughter," Ramirez said.
Joe Hoelscher, an attorney based in San Antonio, said there are potentially multiple charges that the towing company or driver could face, including child endangerment.
"Clearly some action needs to be taken if somebody steals a child, whether they are supposed to tow a vehicle or not and are driving so recklessly and fast that a parent and a good Samaritan can't even keep up to go rescue a 5-year-old," Hoelscher said.