SNOHOMISH COUNTY, Wash. — 33-year-old Raul Benitez-Santana sat silent during Monday’s hearing as a judge ruled on a motion to have the case against him dismissed.
The Mexican national is accused of DUI and causing a crash on I-5 near Marysville that killed 27-year-old Washington State Trooper Christopher Gadd in March of 2024.
Investigators said Benitez-Santana was going more than 100 miles an hour when he slammed into the back of the trooper’s cruiser.
Benitez-Santana was illegally in the U.S. when he was arrested.
Defense attorneys wanted the case tossed, accusing the prosecutor’s office of “outrageous misconduct” for contacting ICE after charges were filed and violating state sanctuary laws.
They also raised concerns over pre-trial publicity and the defendant’s immigration status.
“Someone’s immigration status, someone’s citizenship, should not be considered,” said defense attorney Emily Hancock.
Prosecutors argued dismissing the case would be prejudiced.
“We have a timeline that clearly shows that the state did not reach out to ICE to tell them ‘put a detainer on this individual,’” said Deputy Prosecuting Attorney Amanda Campbell.
Judge Karen Moore denied the motion to dismiss, saying that while there was misconduct, the prosecutor’s office did not collude with ICE or create prejudice.
“Where is the prejudice that materially affects Mr. Benitez-Santana’s right to a fair trial right now? Other than the fact that bail was set and he was detained,” said Judge Moore.
Benitez-Santana remains in custody on $100,000 bail.
Jury selection is expected to begin Tuesday.
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