EVERETT — A Snohomish County judge on Monday denied a motion to dismiss the case against a man accused of killing a Washington State Patrol trooper last year — clearing the way for a jury trial to begin this week.
Raul Benitez Santana, 34, appeared in court Monday to face charges of vehicular homicide and vehicular assault stemming from a March 2024 crash that killed Trooper Chris Gadd.
Defense attorneys Emily Hancock and Tiffany Mecca had asked the court to throw out the case, alleging the prosecution violated Washington’s sanctuary laws by disclosing Benitez Santana’s immigration status to federal authorities. In a court filing, they argued that the inquiry and disclosure were unlawful and warranted dismissal.
“The state not only worked with ICE, but they sought out ICE specifically in Benitez Santana’s case and not generally,” Hancock said.
According to RCW 2.28.310, immigration status is generally inadmissible at trial in Washington unless it is a necessary fact of the case.
Deputy prosecutor Amanda Campbell acknowledged that someone in the office sent two emails in violation of the RCW, citing a “misunderstanding” about whether the information was public.
“The state from the beginning wants to prosecute this case. This is a case that matters to our community. … We do not have an interest in the defendant either being detained … or certainly to be deported, where we would not be able to ever go forward on this trial,” Campbell said.
Snohomish County Superior Court Judge Karen D. Moore denied the request Monday, stating the defense’s claim of potential prejudice was speculative and that a fair trial remains possible. She added that the state’s misconduct was not “outrageous enough,” to justify a trial dismissal.
Media outlets livestreamed Monday’s hearing. Moore approved media requests to livestream the proceedings, with the stipulation that cameras must not record computer screens, court recesses, jury members or footage of the defendant in restraints.
“I think it is highly unlikely that any juror is not going to at least somehow be aware that Mr. Benitez Santana is in custody,” Moore said. “The question is really the prejudice that comes from that and the idea that if the defendant is photographed being placed in handcuffs … that adds a level of essentially the court’s own independent … determination that he is dangerous, and that is the line that we cannot cross.”
Around 3 a.m. on March 2, 2024, Gadd, 27, was parked on the northbound shoulder of I-5 near the 136th Street Northeast overpass near Marysville on a routine patrol for impaired drivers, according to court documents. His patrol car’s lights were turned off, and the area was unlit and dark due to the absence of streetlights, Hancock and Mecca wrote in court documents. Moments later, Benitez Santana allegedly slammed into the back of Gadd’s vehicle, causing serious damage.
Witnesses reported Benitez Santana was driving a black GMC Yukon Denali at high speed with no headlights.
Gadd died at the scene. Moments later, a white Navy van traveling southbound also struck the disabled Yukon, causing a second crash. The driver, reportedly on duty with six passengers, broke his wrist.
Blood tests taken about 90 minutes after the crash showed Benitez Santana had a blood-alcohol content of 0.083, just above the legal limit. Defense experts have since challenged the reliability of that blood testing, citing issues with storage and lab procedures.
Dashcam footage from a nearby semitruck showed he passed at more than 100 mph before merging onto the shoulder. Data from the SUV’s event recorder showed the vehicle was traveling at 112 mph just before the crash, with the accelerator 99% depressed, according to warrant findings.
Benitez Santana was initially held on $1 million bail, later reduced to $100,000. He has no felony history but has prior misdemeanor convictions for driving with a suspended license.
Benitez Santana’s family is “too apprehensive about the potential of detainment by ICE to post his bail,” Hancock said.
Trooper Gadd joined the state patrol in 2021 and was stationed in Yakima County. He is survived by his young daughter and his father, also a trooper. A public memorial service drew hundreds of law enforcement officers to Everett’s Angel of the Winds Arena.
Jury selection is expected to begin Tuesday. Given the high-profile nature of the case, the defense requested a jury pool of 100 people. The trial is scheduled to run three weeks through early June.
Aspen Anderson: 425-339-3192; aspen.anderson@heraldnet.com; X: @aspenwanderson.
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