Defense claims prosecutors 'colluded' with ICE in case of man charged with killing trooper

EVERETT, Wash. (KOMO) — Days before a trial is expected to begin for the man charged with killing a Washington state trooper, defense attorneys have filed a motion to dismiss the case because of allegations that prosecutors violated the state's sanctuary laws by 'colluding' with Immigration and Customs Enforcement (ICE) in the weeks after charges were filed.

The defendant, Raul Benitez-Santana, 33, is accused of driving drunk and crashing into the back of a state patrol cruiser on I-5 near Marysville in March 2024. Trooper Christopher Gadd, 27, was sitting in the driver's seat of the car and died in the collision.

Investigators allege Benitez-Santana was going over 100mph at the time of the crash.

The trial was scheduled to begin on Thursday, but that has been postponed while the court considers the last-minute motion filed by the defense on Tuesday.

Defense attorneys Tiffany Mecca and Emily Hancock allege a staffer in the Snohomish County Prosecuting Attorney's Office engaged in 'outrageous government misconduct' by asking ICE officials in Seattle if they could put a detainer on Benitez-Santana ahead of a court hearing last spring where he was asking for a reduced bail.

Benitez-Santana is a citizen of Mexico and was in the U.S. illegally at the time he was arrested for Gadd's death. ICE placed an immigration detainer on him within a week of when he was booked into the Snohomish County jail for charges of vehicular homicide.

Mecca and Hancock allege that the publicity of his immigration status has prejudiced the potential jury pool against Benitez Santana.

“The accusation against Mr. Benitez-Santana includes the charged question of whether a Latino man, who has been maligned by the media, the public, and elected officials, as an undocumented Mexican criminal, unlawfully caused the death of a police officer," the defense motion states. “The state reasonably should have known that including information about the client’s immigration status in a publicly filed court document would result in its dissemination to the public and could materially prejudice the adjudicative process.”

Did prosecutors violate sanctuary laws?

Washington's sanctuary laws restrict how and when police, prosecutors, and jails can cooperate with federal immigration authorities.

Defense attorneys allege communication between the prosecutors office and ICE violated the Keep Washington Working Act (KWW) and the Court Open to All act (COTA).

Emails cited in the defense memo show a legal assistant at the Snohomish County Prosecuting Attorney's Office contacted ICE on March 6 and asked about the possibility of putting a federal hold on him in anticipation of a proposed bail reduction.

Benitez-Santana was initially held on a bail of $1-million for the charge of vehicular homicide.

“We believe defense is going to schedule a motion to reduce the bail in the next couple of weeks – we would love to be wrong on this, but we need to prepare just in case," the staffer's email is quoted in the defense memo. “When I spoke to our jail, they indicated that it is unlikely that any bond company is going to be willing to post a million dollars, so I do think we are safe currently. However, defense may decide to file a motion to reduce bail and we may get a judge who is known for making unbelievable rulings hear the motion and decide to reduce the bail.”

The defense alleges this communication happened within four days of Benitez-Santana's arrest.

"(Prosecution legal assistant) not only communicated with ICE, she sent ICE notification that defense was expected to file a bail motion," the motion states. "Less than an hour after Mr. Benitez-Santana filed his motion, (legal assistant) provided ICE with a copy of the defense brief. Less than an hour later, Mr. Benitez-Santana was informed ICE would be present at his bail hearing to arrest him."

On May 15, 2024, a judge reduced bail for Benitez-Santana from $1 million to $100,000. He has remained in custody since the time of his arrest.

"Although Mr. Benitez-Santana family strongly and thoughtfully considered posting his bail, they ultimately decided they could not because of fear that ICE would detain and deport him and possibly themselves as well, whether or not they are lawfully in this country," Mecca and Hancock wrote in the motion.

"Mr. Benitez-Santana’s family was reluctant to attend court due to the threat of ICE's presence. The few family members who have attended court proceedings have since stopped due to fear of unlawful arrest.

The KWW prohibits law enforcement and state agencies from collecting or sharing immigration information unless there is a 'connection between that information and an investigation into a violation of state or local criminal law' or if required to by court order or other legal requirement.

“The extrajudicial conversations between the State and ICE served no legitimate law enforcement purpose," Mecca and Hancock wrote. “Beyond the ethical violations, the collusion between the State of Washington with federal immigration agents is deeply disturbing. The State’s communications with ICE instigated the very type of violations KWW and COTA sought to avoid.”

Blood evidence and statements allowed at trial

Earlier this year, Benitez-Santana's defense team tried to get blood evidence and statements made after his arrest excluded from the trial.

The defense claimed Benitez-Santana was not read his Miranda rights after arrest and that his blood was drawn without a warrant.

RELATED | New body cam video shows driver charged in death of WSP Trooper Gadd moments after crash

Body camera video played at a hearing on evidence issues in April showed Benitez-Santana made conflicting statements about what happened in the crash. He initially claimed his vehicle was disabled on the freeway and someone hit him, but then later said a car had cut him off and he was swerving out of the way when he hit the trooper.

On April 17, Judge Karen Moore ruled that the post-arrest statements and blood evidence could be admitted in the trial.

Allegations of bias and prejudice

Mecca and Hancock, the defense attorneys, say statements made by Republican politicians in Washington and commenters on social media have prejudiced the potential jury pool.

"The media has used inflammatory and racist language to report on this case," Hancock and Mecca wrote in a pre-trial motion filed this week. "Elected officials have used this for political gain, regardless of the harm it would do to constitutional protections. And the public has weighed in, judging not only Mr. Benitez-Santana, but an entire group of people who they deem unworthy of due process."

The defense included examples of what it called 'racist and disparaging' social media comments that called for Benitez-Santana to be executed, and saying 'illegals' should not have to be given Miranda rights. The motion also quotes Rep. Dan Griffey (R - Washington), who commented on the case after it was revealed Benitez-Santana was in the country illegally, "We should not be importing hardened criminals and giving safe haven to those people."

What happens next?

A hearing has been ordered with Judge Karen Moore in Snohomish County Superior Court for Monday morning to address the defense's motion to dismiss the case.

If the motion is denied, a jury trial is scheduled to start the following day. Prosecutors are expected to file a motion responding to the defense's allegations before Monday's hearing.

Trooper Gadd's legacy

Gadd served with the state patrol for 2.5 years prior to his death. He leaves behind a wife and young daughter, as well as his father, who is also a state trooper, his mother, and a sister who works as a trooper in Texas.

Trooper Gadd is the 33rd member of the state patrol to die in the line of duty.

Gadd was working a DUI emphasis patrol at the time he was killed.

"Why Chris? Why this person whose career and life were so bright? Because he was there doing his job to take care of others. Because he was there putting his life on the line to keep other safe. Because he was there putting everyone else above himself. Because he was there," Corporal Alexis Robinson said at Gadd's funeral.

RELATED | Thousands attend memorial service for fallen WSP Trooper Christopher Gadd

Gadd's fellow troopers remembered him as a leader among the state patrol's ranks with a promising career.