SAN ANGELO, Texas (Concho Valley Homepage) — Both the defense and state rested and closed after the defendant took the stand in the State of Texas versus Jose Trevino trial on March 9.
Jose Trevino Jr., 40, also known as ‘Joe Angel’, was charged with aggravated assault causing serious bodily injury and the murder of Jason Garivay on June 19, 2021, after blunt force trauma caused Garivay to go into cardiac arrest and hypoxia. Hypoxia occurs when the brain is not being supplied with oxygen.
Trevino appeared eager to get onto the witness stand to share his side of what happened on June 19, 2021, in the parking lot of The Penny Tap House.
Trevino had gotten out of the state penitentiary on April 7, 2021, for possession of controlled substances with the intent to deliver between two and 400 grams, the defendant explained. Although he was on parole, Trevino said he knew he should not have been going out to the bar that night to hang with the group for their last night together before he started his new job in Baytown, Texas.
“It was most definitely a mistake,” Trevino said. He continued by saying that the night was not supposed to end that way – With one life lost and another at stake.
That week, Trevino explained that Garivay had just started working with him at Roy Chavarria’s business. Monday through Wednesday, Trevino tried to help show Garivay the ropes of the job he said. He said that they got along well and there was no problems between anyone at work.
On June 18 Trevino said he, Gabriel Diggs, Garivay and Kendall Sanchez went in Digg’s truck and Garivay’s red Corvette to the bar at 2412 College Hills Dr. Roy and his wife Rita Chavarria joined the four people not too long after their arrival.
As the night went on, Trevino recalled the men of the group making their way to the bathroom. He said Roy took the cocaine out of his pocket, then proceeded to ask for Garivay’s pocket knife since Roy did not have his on him. Roy offered the group the drugs, however, Trevino said he declined and watched the door since he had a drug screening scheduled Monday morning. A copy of the drug screening was admitted as evidence. Trevino had a clean drug screening.
After the group left the bathroom, Trevino said Garivay’s emotions were amplified. It was then that the group started talking about their time in prison. Trevino learned that Roy had been charged in a stabbing while Garivay told him he took someone’s life with his own hands. Trevino said this was the first time he heard this about Garivay.
Emotions started running higher as the night continued Trevino said but everyone was getting along just fine, despite previous troubles between him and Roy. That night he was talking to Rita, saying how funny it was that he and Roy were sitting together talking like friends. After this comment was made, Trevino said Garivay begin sticking up for his friend Roy even though he felt like it was not needed.
Trevino said some threats from Garivay continued coming if Trevino ever messed with Roy. He could tell the love that Garivay had for Roy, Trevino told the court.
“He loved that man.”
Trevino shared that he and Diggs walked out of the bar as Sanchez held back Garivay after the threats continued, however, Garivay caught up with Trevino at the truck. After turning around and seeing Garivay, Trevino said Garivay wrapped his arm around Trevino’s neck and continued sticking up for Roy saying, “We are family.” Trevino recalled Roy and Rita watching Garivay then proceed to take him to his car.
Trevino said he took off his shirt and placed it in the console of the truck because he was very particular about his clothing. He also said it was hot that night. After doing so Trevino said he heard some yelling happening, so he walked around the truck to see what was going on. Trevino said that the two yelling seemed to be Roy and Garivay, not two females.
According to Trevino, it appeared that Garivay and Roy were having a slight disagreement. Trevino said he jogged over to the back of the Corvette and told Roy to, “Let him go, let’s roll out.” At this time Trevino recalls Roy briefly wrestling with Garivay before moving out of the way and pushing Rita. Garivay lunged out of the vehicle, although Trevino said he did not see a knife in Garivay’s hand.
“When you are dealing with someone you know killed someone you don’t know what they are capable of,” Trevino told the jury.
As Garivay got out of the car Trevino said he threw a punch and hit Garivay in the face. Garivay then belly-flopped and attempted to get back up.
Due to previous experience in the state penitentiary, Trevino knew he had to keep Garivay down in order to save himself.
“I did kick him,” Trevino said.
Trevino stood and explained to the jury how he kicked Garivay in the side of the face before kicking him a second time near the back of his head. Trevino said he took off running to Diggs’s truck and told him ‘let’s roll’ before explaining how he had just gotten into a fight with Garivay.
Trevino said as they left the parking lot he saw Roy standing in a defensive position with a pocket knife in his hand, scanning the area around him.
Trevino explained that he did not want to get into a fight with anyone that night.
“I did not want to fight the man,” he told the jury.
The state asked multiple questions regarding the information Trevino told detectives including how a knife was not mentioned. The state also asked if Trevino had intended to cause serious bodily injury to Garivay. Trevino responded, “I intended to save my life.”
Thursday afternoon Chavarria described his relationship with Garivay as a friendship so close they were brothers to the jury Thursday afternoon.
State prosecutors asked Chavarria numerous questions about what he could recall from June 19, 2021, in the parking lot of The Penny Tap House at 2412 College Hills. Chavarria told the jury the group of himself, his wife Rita, Garivay, Sanchez, Trevino and Diggs had gone to The Penny Tap House that night. Toward the end of the night, Chavarria saw Garivay hug Trevino before Chavarria started helping his ‘brother’ to the red Corvette.
“When we were walking to his car he kept saying ‘I love you bro’,” Chavarria recalled as emotions began to swell.
After helping Garivay into the car and beginning to walk back to his truck Chavarria told jurors he heard females screaming. As he turned to see what was happening, Chavarria said he saw two men fighting. Chavarria described to the courtroom that as he got closer, he saw a man laying on his back while another kicked and stomped him before running off.
As the assailant ran off, Chavarria said he recognized an angry face looking back at him. Chavarria told the jury that is was ‘Joe Angel’. During the commotion, Chavarria said he reached into his pocket for the pocket knife he typically has on him for work. That night he did not have it. As he was reaching into his pocket, Trevino began to run away.
Chavarria described feeling like everything was happening at once when the yelling began.
“Adrenaline pumping, I’m drunk trying to figure out what’s going on,” Chavarria said.
After realizing it was Jason who was unconscious on the ground, Chavarria said he tried to move Garivay into the car while Rita and Sanchez asked witnesses to call 911.
Once Garivay was in the vehicle, leaning back against the seat according to Chavarria, Sanchez began driving toward Avenue N.
The defense asked Chavarria if he would protect his ‘brother’ Garivay by lying to detectives on who had started the fight. To this, Chavarria said he did not see who had started the altercation.
Chavarria was also asked if there was a reason he had not told responding officers the name of the assailant when they had arrived at Shannon Medical Center. Chavarria told the jury that Alfredo Garivay, Jason Garivay’s brother, wanted to figure it out for himself. Because of this and the uncertainty of what would happen next, Chavarria said he did not tell officers about ‘Joe Angel’ being involved in the fight.
Closing statements will begin Friday, March 10 at 9 a.m. in the 51st District Court in Tom Green County.