Medical Examiner: Murder Victim's BAC was 4 Times the Legal Limit


SAN ANGELO, TX – Shocking details were revealed by a medical examiner on Tuesday during the murder trial of Jose Trevino confirmed that Jason Garivay's blood alcohol level was four times the legal limit.

As we have reported all week the Park 2400 murder trial is currently underway in Tom Green County. Earlier today we heard from three San Angelo Police Officers who worked the case. For the original story see: Jury Squirms At Photos of Blood-Filled Corvette

Following lunch Dr. Luisa Florez, a medical examiner with the Forensic Pathologist at South Plains Forensic Pathology, took the stand. During her conversation to the court, prior to the jury entering, Dr. Florez went through the autopsy report from Jason Garivay.

In her report, she claimed that Garivay died from Cerebral Hypoxia caused by blunt force trauma. Cerebral Hypoxia is caused when oxygen does get to the brain. In this case it occurred when Garivay became unconscious and stopped breathing.

In a cross examination, Defense Attorney Rae Leifeste brought some good point out of the report. He claimed there were three different causes that could have factored into Garivay's death. 

The first was the amount of alcohol in Garivay's system. According to her report, Dr. Florez confirmed that Garivay had blood alcohol content of more than four times the legal limit. The doctor went onto say this may not have been a lethal dose for Garivay but a lethal dose of alcohol is from .4 percent to .7 percent.

The second factor Leifeste presented was that along with the alcohol Garivay also had narcotics in his system. Dr. Florez confirmed that cocaine was also present in Garivay's system at the hospital. 10 days after his death in a postmortem toxicology report however the cocaine was gone. This means it had recently been used prior to his death.

The third factor Leifeste used was the way he got to the hospital. We told you during initial reports that Garivay was taken to the hospital via personal car. Leifeste alleged that if an ambulance had gotten there to assist Garivay it could've increased his chances of survival. Dr. Florez disagreed by telling the attorney that every minute you stop breathing decreases chances of survival by 10 percent. She claimed either way his chance of surviving was slim.

The trial will continue throughout the day and will will resume at 8:30 a.m. on Wednesday Mar. 8, 2023.

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