ICE agents take driver charged in Massachusetts State Police crash away from Peabody courthouse

Lucas Di Benedetto, the accused wrong-way driver who crashed into a Massachusetts State Police cruiser last weekend on Route 1 in Peabody, was taken into custody by ICE Tuesday morning.

Di Benedetto, 41, of Newburyport, was scheduled to be arraigned in Peabody District Court on drunk driving and several other charges related to the crash early Sunday morning.

But as he arrived at the courthouse on his own around 8:45 a.m. Tuesday, several Immigration and Customs Enforcement (ICE) agents took him, put him in an unmarked car and drove away. One of the agents told CBS News Boston they were "detaining an illegal who was involved in a very high-profile incident" and admitted they were "were waiting for him to come here."

There was also a camera crew with agents documenting the capture of Di Benedetto before he could get inside the courthouse.

A prosecutor for the Essex District Attorney's office later confirmed in court that Di Benedetto was taken into ICE custody and Judge Frances Dallmeyer issued a default warrant in the wrong-way driving case. Under the guidelines of the Protect Act passed by the state senate in Massachusetts, ICE is not allowed on state property owned by the executive branch. Di Benedetto was captured in the courthouse parking lot, which is exempt from the act.

Acting DHS Assistant Secretary Lauren Bis released a statement on Wednesday saying that Di Benedetto "will remain in ICE custody pending removal proceedings." Di Benedetto is originally from Brazil and is an Italian citizen, according to ICE.

"Di Benedetto entered the United States on Jan. 5, 2007, with permission to stay in the U.S. for three months. He chose to overstay his visa in violation of our nation's laws," Bis said in a statement. "Under President Trump and Secretary Mullin, criminal illegal aliens are not welcome in the U.S. ICE is working diligently to remove these violent, dangerous offenders from our communities."

State Police said Di Benedetto was driving south on the northbound side of Route 1 around 2 a.m. Sunday. Moments later, his pickup truck crashed into a trooper's cruiser. Both were taken to the hospital, treated for injuries and released.

The trooper has not been identified. Di Benedetto was charged with OUI liquor, negligent operation of a motor vehicle, and driving the wrong way on a state highway. He was released on $500 cash bail.

It was the second high-profile wrong way crash on Route 1 in the last month. Trooper Kevin Trainor and the driver who hit him were both killed in a crash in Lynnfield on May 6.

When asked about ICE taking Di Benedetto into custody, Massachusetts Gov. Maura Healey focused on the importance of stopping wrong-way drivers. 

"I didn't see that, I didn't know what the circumstances were," Healey said. "I talked to the trooper who was struck the other night. He was injured, but thank god he was alive. What I do know is this person needs to be held accountable and we're going to do everything as a state to reduce wrong-way driving and protect people on the road."

The trooper who was hurt in Sunday's crash was in the same recruit training class as Trainor, according to the state police union.

"Regardless of a driver's background, status, or history, driving the wrong way on a divided highway is a reckless and potentially lethal act that has no place on Massachusetts roads," the union said in a statement Tuesday afternoon. "The Commonwealth cannot wait for another family to suffer a preventable loss. The state must act now to pass tougher laws with mandatory penalties that send a clear message: wrong-way driving will not be tolerated, and those who put lives at risk will be held accountable."

Massachusetts currently has 16 locations with wrong-way detection software as part of a pilot program to stop wrong-way drivers. Connecticut has more than 200.

"On wrong-way driving, it's a problem. And I ordered DOT and our Executive Office of Public Safety to do everything they can right now in terms of signage, in terms of technology, radar and the like," Healey said. 

Peabody, Massachusetts is about 20 miles north of Boston.