EVERETT, Wash. — The man accused of hitting and killing Washington State Patrol Trooper Chris Gadd pleaded not guilty to vehicular homicide and vehicular assault with reckless driving and driving under the influence enhancements.
The judge ordered 32-year-old Raul Benitez-Santana to be held in jail on $1 million dollars bail. Police said in the early morning hours of March 2, Raul Benitez-Santana crashed into Gadd's parked patrol vehicle on the side of I-5 near Marysville.
Charging documents said he was speeding on the shoulder of the highway. Data from his vehicle showed he was driving 112 miles per hour, and that one half second prior to impact he hit his brakes, but it was too late. He hit the trooper’s car going 107 miles per hour, documents state.
His attorney argued against probable cause evidence in court documents pointing to it was dark and that Gadd did not have his lights on, and Benitez-Santana only saw his lights come on one second before the crash.
Prosecutors point to the speed he as driving as reckless, even if he had been driving in the passing lane of the freeway.
Benitez-Santana is also accused of driving under the influence and according to court documents, he admitted to police he consumed marijuana and alcohol earlier in the night. Documents show during a breath test he blew a .047.
Benitez-Santana is a citizen of Mexico who unlawfully entered the United States at an unknown time according to the U.S. Immigration and Customs Enforcement (ICE).
His citizenship status was information his attorneys tried to get taken out of a probable cause affidavit, arguing that it would impact his right to a fair trial.
Prosecutors argued the information is needed for bail purposes. It comes after court documents showed prosecutors received a copy of a letter from Homeland Security, which states proceedings are underway seeking to have the defendant removed from the United States. Prosecutors said it remains unclear whether any formal court documents have been filed, and note the federal government likely wouldn’t take action until his case in Snohomish County is settled.
A judge agreed and denied the defense’s motion.
“It would not play any role in the trial. It was simply an issue that was relevant to detaining the defendant in our local custody and jurisdiction,” said Tobin Darrow, Snohomish County Superior Court deputy prosecuting attorney.
Benitez-Santana’s trial is set to begin May 17.