SAN ANTONIO — Several questions remain surrounding Monday's chain of events involving a towed car with a little girl inside.
While San Antonio police proceed with their investigation, a law professor is providing fresh perspective on the Texas statutes related to leaving children alone in vehicles.
“I’m very glad they were able to get to the car and get the child out. It’s sort of a wild set of circumstances," said Michael Smith, law expert at St. Mary's University.
The unusual circumstances began Monday morning when Dolores Bueso parked her car on the property of the La Scala Apartments in the 7000 block of Blanco Road.
Apartment officials noted she was parked in a fire lane. Bueso said she left her 5-year-old daughter in the car with the hazard lights on for five minutes or less while she checked up on a family member at the apartment complex.
During that short time, Bueso said she witnessed a tow truck taking off with her car and daughter still inside. A fellow tenant was able to help Bueso call authorities and track down the tow truck to Trinity Towing where she reunited with her child.
“I think I’m probably most wondering about how long the child was left in the car specifically because that is important as a matter of state law," Smith said. “Her account is that she was within eye shot of the car but I’m curious about how far away specifically she was, how much of the car she could see.”
If the mother faced any charges, Smith doesn't believe child endangerment would be the charge. He did point to Texas Penal Code Section 22.10, a Class C misdemeanor that carries a fine of up to $500.
“Texas Penal Code Section 22.10, that is when someone intentionally or knowingly leaves a child in a motor vehicle for longer than five minutes when the child is under 7 years of age and is not attended by someone 14 years of age or older," Smith said.
Smith also touched on San Antonio code Section 21-1, which applies to abandoned children in vehicles who are 10 years of age or younger, although this measure lacks a time limit compared to the state statute.
He said if Bueso's daughter was left alone in the car for less than five minutes state law wouldn't apply, but there's a potential case to be made about violation of the city code.
"Although I’m not sure if we’re at criminal negligence if the child was left alone for that brief amount of time," Smith said in reference to the San Antonio code.
No charges have been filed against either the tow truck driver or the mother at this time. San Antonio police are calling the tow truck driver a suspect who could face a child endangerment charge.
Like apartment officials, Trinity Towing said Bueso was parked in a fire lane and that "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.
Trinity Towing provided an additional statement on Tuesday, stressing their "commitment to maintaining the highest standards of business ethics and train our drivers to adhere to state regulations at all times."
The statement also noted the company's ongoing efforts to cooperate with San Antonio police by "providing photos and additional witness information."
"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. 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," the statement reads.