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Illegal Immigrant Charged In Student's Death

Benitez Had Previous Arrests

POSTED: 12:23 pm CDT June 21, 2007
UPDATED: 5:45 pm CDT June 21, 2007

An illegal immigrant is facing vehicular homicide charges in the death of a college student.

Video: TSU Athlete Killed In Car Crash | Video: Illegal Immigrant Accused Of Deadly Crash

Victor Benitez appeared in court Thursday morning for a preliminary hearing in the death of Tennessee State University student-athlete Joycelyn Gardiner.

Three witnesses took the stand and detailed the events surrounding Gardiner’s death.

“There was no sound of breaks or anything; (he) just came straight in. The light was red. I could see the light,” said Kent Redgrave.

One witness told the court that he saw Benitez run a red light and slam into Gardiner’s car.

The crash occurred early Saturday at the intersection of Old Hickory Blvd. and Nolensville Road.

Gardiner died at a hospital several hours after crash.

Officers who responded to the crash said it was obvious Benitez had been drinking.

“As I approached the driver’s side door, I noticed that Mr. Benitez had a strong sense of alcoholic beverages about his person and very red, watery eyes. His speech was very slurred. I inquired of his condition as he had some blood on him. He became very combative and began to use profanity,” said Metro police Officer William Williams.

Williams said he also had arrested Benitez about one year before on suspicion of public drunkenness.

“I actually advised him that the young lady was hurt pretty badly. He started using profanity and stated that he didn't hit anybody and was not involved in a crash,” he said.

A blood sample from Benitez was sent to the Tennessee Bureau of Investigation for testing.

“She wasn't in a dope deal gone bad. She wasn't in a robbery or burglary. She was just driving down the dad-gum road. You just can't understand until you sit in on meetings with the survivors of these types of crimes: the mommas, the daddies, the sisters. You just don't know,” said Assistant District Attorney James Sledge.

Representatives said they had had no way of knowing that Benetiz was in the U.S. illegally during his previous arrests.

Metro got access in the spring to a new program which allows investigators to do detailed background checks including the status of immigrants.

All of Benitez’s arrests were before the program was put into place.

The case was bound over to a grand jury.

Friends and family of Gardiner declined comment.


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