The Killing Of Danny Trevino in San Jose, Ca
Story by 408 Shark

I am writing about the killing of Danny Trevino which happened in San Jose on January 22, 1976. This story is shocking as well as revealing to me as there is not much if any information available. This is something interesting to me because we as a community here in San Jose face some if not the same issues this community has faced since the 1970's and probably before. I tried to find through old news stories and clippings the site but I could not find it. There are no markers to mark where this happened. I think that there should at least be some sort of memorial exhibit to remind people of what happened to Danny Trevino and how we as a community can and should work together to make sure nothing like this happens again.

What I found out is the story below.

This story is about Danny Trevino who was a 26 year old part time bartender who lived and worked in San Jose. He was drinking earlier in the night and went to visit his girlfriend around 1:30am. They had known each other off and on for many years. He and his girlfriend were having an argument. During the argument Danny allegedly became violent and struck his girlfriend and her Aunt. There was a friend of his girlfriend who called the SJPD. The police officer arrived at around 3:00am. Before the officer arrived Danny had tried to drive his car with his girlfriend inside. He was too drunk to drive and ended up pulling over at the corner by where his girlfriend lived. They sat in the car talking and sometimes just sitting. When the officer arrived the friend who called the police pointed out the car and said everything was fine and they (Danny and his girlfriend) were working things out. The officer said he wanted to see for himself and drove over to the vehicle.

As the officer approached the driver side window he unbuckled his holster. Soon afterwards two more squad cars arrived. The officer stood in the street near the car and asked Danny to get out of the car. Danny was slumped unconscious over the steering wheel and did not move.

According to the police as Danny's girlfriend got out of the car he reached under his seat as if reaching for a gun and raised his arm at the police. Danny's girlfriend later said that as Danny was trying to get up his hand slid off his lap and onto the seat and not under the seat as the officers claim.

Two Officers then opened fire fatally wounding Danny. According to witness they saw his eyes move but when the ambulance arrived it took away the witnesses and not Danny, who's body was removed around 4:30am almost an hour and a half after the shooting.

The witnesses were given prescription sedatives and then taken to the police department and put into separate rooms. Danny's family was not notified of his death until 10:00AM, 7 hours after his death.

After all this took place the community was upset and wanted action to be taken against the officers who shot Danny. The community organizations and activists had a list of demands that they wanted.

The demands were

1) Jail the cops and set their bail at 100,000$

2) Have the DA prosecute the officers for Murder

3) An Independent Investigation and access to the evidence

4) Payment of damages to Danny's widow and children

5) Independent Autopsy and blood analysis

6) Complete review of Police Training procedures

7) Open Grand Jury Hearing

8) SJ City Council should seek removal of biased grand jury members who were former police officers

9) Establishment of a Citizen's Police Review Board.

Before I researched this I did not know anything about what happened to Danny. I heard the name by some older activists in the community but never understood or heard the whole story.

After doing the research on this story I was and am surprised on how so little has changed in San Jose over the years. As I read about what happened I was thinking this was a recent happening, but I was surprised and shocked it actually happened over 30 years ago.

I would have thought after what happened things would have changed for the positive when it comes to the strained relationship between the police dept and the community. Some of the demands the community asked for then is the same demands we ask for now. During the whole investigation of Danny's killing there were over a thousand people marching and protesting the unjust homicide.   People marched on City Hall and demanded actions from the City Council.

I feel that this story is important to the context of the class because it has to do with local history and the continued questionable tactics of the police dept. when it comes to the Chicano community here in San Jose. The community is still targeted by the police for racial profiling and being guilty of a crime due to our skin color. I have been and continue to be the victim of racial profiling which has not changed but only gotten worse. This issue has been brought up to our current city council/ mayor and nothing has or is being done to change the Police Dept attitude towards the Chicano community. The Police chief says that racial profiling is not happening and his officers need more training to help them deal with the Latino community. I think and know this to be a lie because it is the same thing that was said during the Danny Trevino investigation. There were five reports on the incident in which one of the reports said the Police Dept was going to give a summary of it's Affirmative Action plan, and Affirmative action Report.

We the communities have demanded changes in regards to the interaction between police and the Chicano community, but nothing has really changed. A lot of the demands by earlier activists/community organizations are some of the same demands we hold now. Police should be tried as “normal” people and if anything held to a higher standard of responsibility to the community in which they serve.

Hopefully one day I can live to see real accountability by the police dept and respect for the community for which they serve.