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<< Previous   of   Next >> (click to enlarge) Benjamin Salzano Jr.   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Saturday, January 3, 2009 No trial in death of crash victim; family outraged The man accused of causing a deadly crash is ruled too unstable to stand trial. By Diana Hefley, Herald Writer EVERETT -- Benjamin Salzano Jr. was on his way to buy formula for his baby daughter. He didn't make it to the store. He didn't make it back to his family. Salzano, 25, died on Highway 92 in a tangle of metal and glass. Prosecutors say a pickup truck made an illegal turn in front of Salzano as he was headed west on the highway. With no time to maneuver, Salzano's motorcycle slammed into the Chevy. Witnesses said the man behind the wheel of the truck attempted to drive away and blamed the crash on Salzano. Witnesses said the driver cursed the dead man for damaging his vehicle. Salzano, a U.S. Navy veteran, left behind a wife, two daughters, his parents and a brother. His family mourns the loss of a bright young man who traveled around the world, bought his first house at 23 and had more big dreams for the future. They grieve that his daughters, one 2 years and the other 10 months old, will only know their daddy through pictures and stories. And they are angry. Salzano's family recently learned that the man accused of causing the July 22 crash will never stand trial. Snohomish County deputy prosecutors were forced to drop the vehicular homicide charge against Donald Graves. A mental health evaluation concluded that Graves, 63, has dementia and isn't able to assist with his own defense. A psychologist at Western State Hospital determined that Graves isn't competent to stand trial. The psychologist also concluded that Graves' condition is permanent and there is no treatment that can help restore his mental health. Snohomish County Superior Court Judge Kenneth Cowsert dismissed the charge against Graves earlier this week. He told Salzano's family that he didn't make the decision lightly but he had no other choice. He had to follow the law. "No sentence I could inflict would ever be good enough," Cowsert said. The judge went on to tell the family that no matter what happened in the courtroom he believes everyone is held accountable for their actions. His words offered little comfort for Salzano's parents. Before the judge issued his decision, a victim advocate from the prosecutor's office read a letter addressed to Graves that Ben and Jill Salzano wrote. They accused Graves of stealing their son's life. They called him callous and selfish and chastised him for disregarding the law. The Salzanos don't believe Graves has dementia. They said they believe he lied to avoid being prosecuted. They said they watched him shuffle around the courtroom but when they followed him outside, he broke into a normal stride. "You put on a good show but in God's eyes you didn't win," they wrote. "You will be punished for your actions. I hope you rot in Hell." Graves' Everett attorney Charles Markwell said his client clearly is afflicted with dementia. He is constantly confused and unaware of his surroundings, and hasn't understood the court proceedings, Markwell said. He is unable to care for himself and his family is attempting to have the court deem him incapacitated and assign a guardian to care for him and his affairs, Markwell said. The man's health has been rapidly declining, the lawyer added. "His family feels horrible for what happened," Markwell said. "He doesn't understand. He is suffering so bad from mental illness, he's not really aware." Graves' medical records show that doctors diagnosed the Snohomish man with dementia more than a year before the crash. His family reported that he began to shows signs of deteriorating mental health in 2006. His behavior became increasingly alarming, they reported. He was convinced people were stealing from him, refused to eat and often became lost. A neurologist in March advised Graves that he shouldn't drive. Graves reportedly told the doctor "If I can't drive, I would shoot myself," according to court documents. A month later a family member told doctors she was concerned Graves could potentially hurt himself. She said he continued to try to drive. She said he slept in a shed on a concrete floor and refused blankets. Graves lived with his elderly mother. The doctor noted that he called the state Adult Protective Services and left a message about his concerns that Graves may be a danger to himself or others. The doctor also noted that he contacted visiting nurses services to request a home safety evaluation, according to court documents. There's no indication if anything became of the doctor's calls. The Western State Hospital psychologist noted that the last medical record he reviewed showed that a month after the crash, Graves' doctor advised the state Department of Licensing that Graves had severe Alzheimer's dementia and shouldn't drive. The psychologist found that while Graves isn't competent to stand trial, he doesn't meet the criteria to be evaluated for civil commitment. The evaluator noted that if Graves doesn't have constant supervision, he is a danger to others. Salzano's parents said they will never heal from having their firstborn son taken from them. "Our hearts are forever broken," they said. Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

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