Lawyers for illegal immigrant charged with killing WA cop claim prosecutors ‘colluded’ with ICE, file motion to dismiss

The motion, filed on May 12 in the Snohomish County District Court, alleges that the prosecutor's office sent ICE information about their client, defendant Raul Benitez-Santana, which included his last known home address, criminal history, driver's license information, warrant information, court dates, and the names of people he has lived with. The KWW prohibits state authorities from disclosing such information with federal immigration personnel, but there are limited exceptions for criminal matters.

As a result, the judge presiding over the case, Karen Moore, has delayed the trial to consider the motion, according to Komo News reporter Jeremy Harris. The trial was scheduled to begin on Thursday.

Defense attorneys Tiffany Mecca and Emily Hancock of the Snohomish County Public Defenders Association argued in the motion that the case should be dismissed, citing prosecutors "colluding" with ICE, unfavorable media attention that would hinder a fair trial, and the possibility that ICE could take Benitez-Santana into federal custody for deportation.

Raul Benitez-Santana, 36, of Mexico, a criminal repeat offender, has been accused of killing 27-year-old Washington State Trooper Christopher Gadd after he allegedly struck Gadd's vehicle while driving intoxicated at 107 mph, according to a probable cause affidavit. He has been charged with vehicular homicide and vehicular assault. The fatal crash occurred on a highway near Lynnwood, Washington, on March 2, 2024. Gadd left behind his wife and two-year-old daughter.

ICE ERO Seattle immediately placed an immigration detainer on Benitez-Santana following his arrest, and the Department of Homeland Security ordered him to be removed from the United States, as The Post Millennial previously reported.

Benitez-Santana's defense recently argued to the Court that bodycam footage and statements their client had made to law enforcement after the incident — where he reportedly admitted to driving intoxicated — should be prohibited from being entered into evidence, Komo News reported. Judge Moore ruled against their request last month.

The recent motion to dismiss the case offered several examples where the defense counsel claimed Snohomish County prosecutors colluded with ICE in violation of the KWW.

After defense lawyers filed a motion to reduce bail for Benitez-Santana, prosecutors notified ICE about the lower bail request, signaling the possibility that Benitez-Santana could be released from custody, per the motion.

According to an email exchange between a staffer at the Snohomish County Prosecuting Attorney's Office and ICE, the staffer stated, “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.”

“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 staffer added.

Snohomish County Judge Richard Okrent ended up reducing his bail to a low amount of $100,000. However, Benitez-Santana has remained in state custody since his initial arrest in March 2024. His family claimed that media outrage has prevented them from posting bail, according to the motion.

"When the State submitted alleged immigration status into its Affidavit of Probable Cause requesting bail, it introduced immigration into the case without the required offer of proof that it was relevant in any way," defense counsel wrote in the motion to dismiss the case, adding, "The State's correspondence and sharing of pleadings and orders with ICE constitutes Outrageous Government Misconduct."

The defense motion further contended, "The accusation against Mr. Benitez-Santana includes the charged questions of whether a Latino man, who has been maligned by the media, as an undocumented Mexican criminal, unlawfully caused the death of a police officer. 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."

Furthermore, defense counsel told the Court that Benitez-Santana's family has refused to appear at court hearings because they are fearful of being taken into custody by ICE and possibly deported. For this, his lawyers also argued that the case should be dismissed, as stated in the motion.

Judge Moore has not yet issued a decision on the motion. The Snohomish County Prosecutor's Office was reached for comment.