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A hearing to dismiss the case of a man charged with killing a Washington State Patrol (WSP) trooper is set for Monday.

The defendant, Raul Benitez-Santana, is accused of crashing into the back of a WSP cruiser on I-5 in March 2024 while driving under the influence. According to a witness, the SUV driven by Benitez-Santana swerved and hit the back of the WSP vehicle. The SUV then ricocheted off the patrol vehicle and stopped in the fast lane, where it was hit by a van with six people inside.

WSP Trooper Christopher Gadd, who was sitting in the driver’s seat of the car that was crashed into, died in the collision.

Investigators alleged that Benitez-Santana, 33, was driving more than 100 mph when the crash occurred. Prosecutors said Santana admitted to smoking marijuana and drinking beer before he crashed into Gadd鈥檚 patrol vehicle.

Benitez-Santana, a Mexican citizen, was in the U.S. illegally when the crash happened. After his arrest, .

“Immigration detainers are essential in completing a transfer of custody in the safest way possible, and are placed by ERO Seattle to ensure noncitizens are held accountable to federal laws,” Drew Bostock, the Seattle Field Office Director for Enforcement and Removal Operations with ICE, stated.

It鈥檚 not known when Santana entered the country, but an ICE spokesperson confirmed he鈥檚 had at least four run-ins with the law in Washington.

The argument for the case’s dismissal

Benitez-Santana’s defense argued that a staffer in the Snohomish County Prosecuting Attorney’s Office asked ICE officials in Seattle to put a detainer on him ahead of a court hearing. They alleged the staffer engaged in “outrageous government misconduct.”

“The state reasonably should have known that including information about the client鈥檚 immigration status in a publicly filed court document would result in its dissemination to the public and could materially prejudice the adjudicative process,” the defense team stated.

If the motion to dismiss the case is denied, a jury trial is scheduled to start on Tuesday.

Gadd, 27, is the 33rd WSP trooper killed in the line of duty. He is survived by his wife Cammryn and their two-year-old daughter.

This is a developing story, check back for updates

Contributing: Julia Dallas, MyNorthwest

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