http://www.newschannel5.com/global/story.asp?s=6694384

Once again, the "undocumented" word shows up..


Nashville, Tenn. - The undocumented immigrant accused of hitting and killing a college student was in court Thursday to face charges.

Victor Benitez, 24, was charged with vehicular homicide for running a red light at the intersection of Old Hickory Boulevard and Nolensville Road, killing 22-year-old Joycelyn Gardiner. Benitez might have been in the country illegally.

The Mexican native's preliminary hearing on the charge was Thursday morning.

In court, detectives told a judge Benitez was driving drunk when his vehicle slammed into Gardiner's path.

"I noticed Mr. Benitez had a strong smell of alcoholic beverage about his person," said Metro police officer William Williams. "He had very red watery eyes and his speech was very slurred."

"This lady was simply driving down the road, going home to get a change of clothes," said Davidson County Assistant District Attorney General Jim Sledge. "She had done absolutely nothing wrong."

Kent Redgrave, a witness, testified that Benitez never touched the brakes of his Ford Expedition before hitting Gardiner's car.

"The young lady's car came into my line of vision," Redgrave said. "She passed in front of us, before she got out into the intersection I saw the SUV come in and hit her."

For Gardiner's family, it was difficult to hear how their loved one spent her last moments.

Redgrave said he did everything he could to help her, never leaving her side.

"I said something to her, got no response, felt for a pulse, felt a pulse, released her seatbelt so that it didn't restrict her breathing."

Police said Benitez became combative, used profanity and was determined to stay behind the wheel.

"He began to use profanity and he stated that he didn't hit anybody and that he was going to go home," Williams said. "He attempted to use the ignition key to try to start his vehicle up."

Police said Benitez was driving without a license and that he didn't have paperwork verifying that he was in the United States legally.

Gardiner and Benitez were taken to Vanderbilt University Medical Center where Gardiner died. Benitez was treated and released from the hospital and jailed Saturday afternoon.

In February 2006, Benitez was arrested on three counts of car burglary and two counts of attempted theft. Nine months later, he was arrested on charges of public intoxication, disorderly conduct and resisting arrest. Convicted on the three charges, Benitez spent seven days in jail.

Gardiner, a Texas native, planned to attend law school after graduation.