EVERETT—At Monday’s probable cause hearing for Raul Benitez Santana, 32, in the alleged vehicular homicide of Washington State Trooper Chris Gadd, who was tragically killed in the line-of-duty on Saturday, March 2, the District Court presiding judge set bail at $1 million.

Mr. Santana’s father and two other family members attended Monday’s hearing, visibly distraught. He shared with the Lynnwood Times that it is a very difficult situation for everyone. He added that he is in the process of finding an attorney and unsure if he can post bail for his son.

Conditions for bail were that Mr. Santana is to have complete abstinence of drugs and alcohol, no further criminal or moving violations, not to operate a motor vehicle unless possessing a valid driver’s license and the vehicle is insured, and he must submit to a lawful BAC request.

The official charges against Mr. Santana are vehicular homicide, due to driving recklessly or impaired, for the alleged death of Trooper Gadd and a secondary charge of vehicular assault, due to allegedly driving recklessly or impaired, related to Santana’s vehicle subsequently involved in a collision with a van carrying six people after hitting Gadd’s vehicle. The driver of the van in the subsequent collision was transported to the hospital with non-life-threatening injuries. The five passengers in the van were not injured.

Snohomish County District Court presiding judge, Commissioner Jennifer Millett, rejected a request by Public Defender Max Messinger, who is representing Santana, for a continuance (postponement to the hearing), informing the court that another attorney, Emily Hancock, was assigned the case and that it was her wish to have Mr. Santana presented to the court in civilian clothes, and that she intended to file a motion.

Commissioner Millett also rejected Messinger’s plea to drop the charge of vehicular homicide brought by Snohomish County Deputy Prosecuting Attorney Tobin Darrow, stating it lacked merit. Messinger claimed that Trooper Gadd’s vehicle was not displaying any visible lights, including brake lights, at the time of the incident when Mr. Santana was driving on the shoulder of I-5.

“The court reviews the findings of probable cause to determine whether or not there is a reasonable suspicion to believe that a crime occurred,” Commissioner Millett said. “When I review the RCW for vehicular homicide, 46.61.520, it indicated there are three ways vehicular homicide can occur. The first is that while operating a motor vehicle under the influence of intoxicating liquor and/or drug; the second, is in a reckless manner; the third is with disregard for the safety of others.

“Reading Detective Monson’s probable cause affidavit, it is clear that the shoulder was marked with the solid line… This court finds that crossing over fully with the vehicle [inaudible] onto the shoulder and driving at least 10 mph over the speed limit on that shoulder is reckless—it is operating the vehicle in a reckless manner—certainly with the disregard for the safety of others.”

UPDATE: The Washington State Patrol has identified the trooper hit & killed on I-5 SB in Marysville early this morning as 27yo Christopher M. Gadd.

Gadd was on patrol searching for DUI drivers when he was hit and killed.

Gadd leaves behind a wife and a 2-year-old daughter. pic.twitter.com/mKe1RKsiq7

— Steve McCarron KOMO (@SteveTVNews) March 2, 2024

Deputy Prosecuting Attorney Darrow successfully argued that video evidence reviewed by Detective Monson indicated that the defendant “thought it was another lane of travel,” hence driving recklessly.

According to Detective Monson’s account after watching a video of the incident, Santana crossed over to an unoccupied right lane on I-5, then signaled and entered the shoulder lane fully, continuing to drive forward for some time on the shoulder before hitting Trooper Gadd’s patrol vehicle at full speed.

“No doubt, the fact that he had been drinking and consuming marijuana, contributed to his [Mr. Santana’s] failure to recognize that the shoulder is not a proper lane of travel,” Deputy Prosecuting Attorney Darrow said. “But he didn’t recognize that and so it is certainly reckless, and it is a fair inference he is impaired by the substances he has been using.”

Snohomish County Sheriff’s Office confirmed with the Lynnwood Times that, although a blood search warrant was approved and administered, they are still awaiting the results if alcohol and/or drugs were in Mr. Santana’s system at the time of the incident.

During the hearing, it was revealed that Mr. Santana has a history of vehicular incidents involving speeding in Washington state.

In 2020, Santana was cited for driving 49 mph over the speed limit; in 2015, he was cited for a speed too fast for conditions; and in 2012, for driving 11 mph over the speed limit.