Defense attorneys for illegal alien cop killer in WA claim case should be dismissed, alleges prosecution coordinated with ICE

Raul Benitez-Santana, 33, a Mexican national and repeat criminal offender who was in the US illegally, was convicted earlier this month of vehicular homicide and vehicular assault following a seven-day trial at the Snohomish County Superior Courthouse. He fatally struck 27-year-old Trooper Gadd on March 2, 2024, while driving intoxicated at 107 mph on the shoulder of I-5 near Marysville, where Gadd was parked during a traffic stop.

The tragedy left Gadd’s wife a widow and his 2-year-old daughter without a father.

The prosecution wrote in a response to the motion, “The defense has failed to show that any coordination between prosecutors and ICE rose to a level that would violate Washington law or constitutional protections.”

Additionally, the prosecution argued that “Defendant’s motion raises no new arguments or factual developments that were not already addressed during prior hearings or ruled upon by this Court.”

Before trial, Benitez-Santana’s defense team also filed a motion to dismiss the case, arguing that prosecutors had illegally collaborated with US Immigration and Customs Enforcement (ICE) in violation of Washington’s sanctuary state law. The motion alleged that state officials unlawfully communicated with ICE and allowed the agency to coordinate enforcement activity related to the trial.

Judge Karen Moore denied the motion, finding no legal grounds to dismiss the case. ICE Enforcement and Removal Operations (ERO) agents had reportedly been stationed at the courthouse in anticipation of taking Benitez-Santana into custody if the case were dismissed.

ICE ERO Seattle placed an immigration detainer on Benitez-Santana shortly after his arrest, and the US Department of Homeland Security issued a removal order against him. He will likely be deported after serving his prison sentence.

Jurors were not informed of the defendant’s immigration status during the proceedings. Defense attorneys claimed that his family did not attend the trial out of fear of deportation.

Prosecutors wrote in their response, “The presence of federal immigration officers outside the courtroom, even if coordinated in advance, does not constitute a basis for dismissal of criminal charges.”

Benitez-Santana has a lengthy criminal history in Washington, all committed while unlawfully residing in the state. In 2013, he was charged with misdemeanor marijuana possession and convicted of driving with a suspended or revoked license that year and again in 2014.

In 2017, he was arrested for domestic violence assault after repeatedly punching his girlfriend and breaking her nose. He was sentenced in 2019 to two years of probation and ordered to undergo behavioral therapy.

Benitez-Santana’s sentencing is scheduled for July 2 at 1 pm. He faces a lengthy prison term before likely being turned over to federal immigration authorities for deportation.