Judge drastically reduces bail for illegal alien accused of killing Washington state trooper

An illegal immigrant accused of causing the car crash that killed a Washington state trooper has had his bail drastically reduced, thanks in part to his defense team, which argued he isn't a flight risk.

The case involves Raul Benitez Santana, a 33-year-old Mexican national who has been living in the U.S. illegally for more than a decade. On March 2, Santana drove the vehicle that slammed into a patrol vehicle parked on the shoulder of southbound I-5 near Marysville, Washington, about 40 miles north of Seattle.

Gadd's widow, Cammryn Gadd, countered that reducing Santana's bail 'would not only undermine the severity of the crime but also inflict further anguish and distress upon me, our child, and the rest of our family.'

Trooper Christopher Gadd, 27, a two-year veteran of the Washington State Patrol, was sitting inside the police vehicle at the time of the crash. He was pronounced dead at the scene, leaving behind a wife and a 2-year-old daughter, Blaze News previously reported.

Santana has a series of traffic-related misdemeanor convictions, including driving on a suspended license. In the hours following the crash that killed Gadd, Santana admitted that he had smoked marijuana and consumed two beers the previous evening. Evidence also suggests that he was driving erratically and was speeding along at 112 mph seconds before striking Gadd's vehicle.

An attorney for Santana previously argued that the crash was a tragic accident that occurred because Gadd was sitting in a vehicle with no lights on.

Santana was arrested and charged with vehicular homicide and vehicular assault. He was then booked into Snohomish County Jail and assessed a bail of $1 million.

Last week, however, Emily Hancock and Tiffany Mecca, Santana's attorneys, filed motions to reduce their client's bail. They argued that Santana has three children and steady employment as a mechanic. They also noted that he has the support of other family members who live elsewhere in the state.

"If released, his parents will welcome him back into their home," the attorneys wrote. "He is not a flight risk."

Gadd's widow, Cammryn Gadd, countered that reducing Santana's bail "would not only undermine the severity of the crime but also inflict further anguish and distress upon me, our child, and the rest of our family."

On Friday, Snohomish County Superior Court Judge Richard Okrent sided with the defense and agreed to reduce Santana's bail to $100,000, just a tenth of the original amount. Deputy prosecutor Tobin Darrow soon afterward claimed to be "very disappointed" with that decision.

Hancock and Mecca, on the other hand, cheered it. "Mr. Benitez-Santana is a long-time member of our community, and Washington State is undeniably his home," they wrote in an email statement. "The court did the right thing when it upheld the laws and policies of the State of Washington and lowered bail in this case."

Hancock and Mecca do harbor one concern though. After Santana's arrest, ICE issued an immigration detainer for him. Should Santana pay bail and be released, they fear that federal immigration agents might detain him and perhaps even deport him back to Mexico.

"The United States and Washington State Constitutions unequivocally guarantee all individuals in our country the presumption of innocence and the right to a fair trial. It is imperative that no government entity, including [U.S. Immigration and Naturalization Service], be allowed to circumvent these fundamental rights," they said.

Darrow told HeraldNet he hopes that, even with the immigration detainer, federal agents would permit Santana to face justice in Snohomish County.

As of Wednesday afternoon, Santana remains in custody at the county jail.

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