The case involving a federal agent charged with three counts of vehicular manslaughter will be heard in San Diego federal court, a judge ruled Friday.
The decision by U.S. District Judge Anthony J. Battaglia to remove agent Cole Dotson’s case from state court in El Centro to the U.S. District Court was based on how the defendant has a right to have his immunity defense heard there, defense attorney Jeremy Warren said.
Dotson’s defense strategy stems from the fact that he is being charged with conduct that occurred when he was on duty the night of Dec. 29, 2009, Warren said. Dotson is an agent with the U.S. Immigration and Customs Enforcement.
Dotson exceeded speeds of more than 100 mph in his government-owned Ford Taurus when he sped through a posted sign on Bowker Road without his emergency lights or sirens on and crashed into a Dodge Caravan heading east on Heber Road, the California Highway Patrol reported.
Dotson was part of a team that was pursuing a suspected methamphetamine smuggler when he was heading north on Bowker Road, authorities said.
All three women in the minivan — Sandra Garcia, who was driving, and her passengers Maria Nieto and Patricia Reyes — were killed but two children survived the crash.
While the Imperial County District Attorney’s Office convened a grand jury to hear evidence in Dotson’s case, the grand jury declined to return an indictment.
The DA’s Office then filed the three felony manslaughter counts against Dotson, which is believed to be a rare case where an agent is being prosecuted on criminal charges for on-duty conduct.
Dotson’s motion to remove state prosecution to federal court was filed in December.
A jury trial date in Dotson’s matter was scheduled for July 23 but Battaglia ordered Dotson back in court May 24, when the court may consider a motion to dismiss the case based on Dotson’s federal immunity defense, Warren said.
Prosecuting attorney Wayne Robinson was not immediately available for comment but opposed the motion to move the case. Robinson has said in the past that he would try Dotson’s case regardless of where it gets heard.
Dotson had been a federal agent since October 2007, court documents show.
Warren said his client is pleased with the outcome and is looking forward to his day in federal court.
“Special Agent Dotson is pleased that he will have the opportunity to tell his side of the story in federal court,” Warren said.
Staff Writer Silvio J. Panta can be reached at 760-337-3442 or at spanta@ivpressonline.com
The decision by U.S. District Judge Anthony J. Battaglia to remove agent Cole Dotson’s case from state court in El Centro to the U.S. District Court was based on how the defendant has a right to have his immunity defense heard there, defense attorney Jeremy Warren said.
Dotson’s defense strategy stems from the fact that he is being charged with conduct that occurred when he was on duty the night of Dec. 29, 2009, Warren said. Dotson is an agent with the U.S. Immigration and Customs Enforcement.
Dotson exceeded speeds of more than 100 mph in his government-owned Ford Taurus when he sped through a posted sign on Bowker Road without his emergency lights or sirens on and crashed into a Dodge Caravan heading east on Heber Road, the California Highway Patrol reported.
Dotson was part of a team that was pursuing a suspected methamphetamine smuggler when he was heading north on Bowker Road, authorities said.
All three women in the minivan — Sandra Garcia, who was driving, and her passengers Maria Nieto and Patricia Reyes — were killed but two children survived the crash.
While the Imperial County District Attorney’s Office convened a grand jury to hear evidence in Dotson’s case, the grand jury declined to return an indictment.
The DA’s Office then filed the three felony manslaughter counts against Dotson, which is believed to be a rare case where an agent is being prosecuted on criminal charges for on-duty conduct.
Dotson’s motion to remove state prosecution to federal court was filed in December.
A jury trial date in Dotson’s matter was scheduled for July 23 but Battaglia ordered Dotson back in court May 24, when the court may consider a motion to dismiss the case based on Dotson’s federal immunity defense, Warren said.
Prosecuting attorney Wayne Robinson was not immediately available for comment but opposed the motion to move the case. Robinson has said in the past that he would try Dotson’s case regardless of where it gets heard.
Dotson had been a federal agent since October 2007, court documents show.
Warren said his client is pleased with the outcome and is looking forward to his day in federal court.
“Special Agent Dotson is pleased that he will have the opportunity to tell his side of the story in federal court,” Warren said.
Staff Writer Silvio J. Panta can be reached at 760-337-3442 or at spanta@ivpressonline.com
