Erroneous and politically charged statements by Trump administration officials, as well as the district attorney for San Bernardino County, have complicated the prosecution of a truck driver charged with vehicular manslaughter in a crash on the 10 Freeway last year.
The statements highlighted the national origin of the driver, 21-year-old Jashanpreet Singh, who was born in India, contained false information on his immigration status and made unfounded allegations that he was driving under the influence.
It’s the latest in a series of instances where federal officials have injected politics into developing events. In some cases, statements by federal officials later turn out to be false and detrimental to prosecutions, as the New York Times recently found in at least four instances. Here in Southern California, statements by federal officials have ended up in court documents where Singh’s defense argues his prosecution has been tainted by anti-immigrant bias.
Statements by the Department of Homeland Security labeled Singh a “criminal illegal alien” who was driving under the influence. Singh was seeking asylum and authorized to work in the U.S. by the federal government. Toxicology tests taken after the crash came back negative for all substances.
“It is a terrible tragedy three innocent people lost their lives due to the reckless open border policies that allowed an illegal alien to be released into the U.S. and drive an 18-wheeler on America’s highways,” Department of Homeland Security spokesperson Tricia McLaughlin said in an Oct. 23 statement.
Arjun Sethi, a racial justice advocate, civil rights lawyer and adjunct professor at Georgetown University said these statements have compromised Singh’s ability to receive a fair trial.
“When you think of the variety of federal statements in this case, you see blatant racial and xenophobic rhetoric that is highly prejudicial,” Sethi said. “How can any juror set aside that rhetoric … and be able to ascertain the truth?”
Public defenders representing Singh argue similar statements by San Bernardino County District Attorney Jason Anderson, a deputy in Anderson’s office and the California Highway Patrol violate California's Racial Justice Act, a 2020 law prohibiting prosecutions influenced by racial bias.
Hearings on the Racial Justice Act claims will continue March 10. Singh's trial will commence after a judge rules on those claims. Preet has pleaded not guilty to the felony charges against him.
“I think authorities made statements infused by racial bias in this case,” Sethi, who has served as an expert in Racial Justice Act litigation, told LAist. “Bottom line, California authorities in this case mirror the racist political rhetoric we are hearing from the federal government.”
How we got here
Six months before the crash that led to the charges against Singh, President Donald Trump took steps to restrict states from issuing commercial driver’s licenses to immigrants.
The U.S. Department of Transportation issued new emergency regulations in September that CalMatters reported could revoke the licenses of up to 61,000 immigrant truck drivers, amounting to 8% of the total commercial licenses in the state.
The department gave California 30 days to come into compliance with these new rules or risk losing millions of dollars in federal highway funds.
Gov. Gavin Newsom’s office disputed the Trump administration's claims, arguing that California’s licensed truck drivers had a lower fatal crash rate than the national average.
Then, in the early afternoon of Oct. 21, Singh’s semi-truck crashed on a crowded interstate.
Dashboard camera footage shows his truck colliding with passenger vehicles and another truck as one car went up in flames.
Singh was arrested and held without bail. Prosecutors charged him with vehicular manslaughter and reckless driving.
He was initially charged with driving under the influence, but the district attorney dropped those charges after toxicology reports came back negative for all substances.
As a deputy district attorney said in a filing, the crash immediately “generated high media interest and touched off a federal and state official-driven debate surrounding immigration policy and the state's issuance of commercial driver's licenses.”
Two days after the crash, the Department of Homeland Security published a news release arguing Singh, an asylum seeker, entered the country illegally in 2022 “and was RELEASED into the country under the Biden administration.”
DHS officials have not responded to LAist’s requests for comment. McLaughlin will reportedly leave the agency soon.
The U.S. Department of Transportation also issued a news release on Singh’s crash and California’s compliance with the new licensing rules. The release stated that Singh was operating his truck under the influence of drugs, despite a lack of evidence to support that claim.
In an email to LAist, a Department of Transportation spokesperson said California issued Singh’s Commercial Drivers License without properly vetting his qualifications.
Newsom’s press office directed LAist to the California Transportation Agency, which has yet to respond to emailed questions.
But in an earlier statement on social media, Newsom’s office stated that the federal government approved and renewed Singh’s federal employment authorization multiple times, and it was that approval that allowed him to obtain a commercial driver’s license in California.
Racial Justice Act claims
Public defender Jason Tucker argued in an Oct. 31 filing that Singh, his client, has faced multiple violations of the California Racial Justice Act, a law passed in 2020 that prohibits state authorities from seeking convictions or imposing sentences based on race, ethnicity or national origin.
Tucker has not responded to an emailed request for comment.
The filing highlights a motion to increase bail written by a California Highway Patrol officer shortly after the crash that claimed Singh was subject to deportation, despite being an asylum seeker who was authorized to work in the U.S. by the federal government, and a comment by a deputy district attorney about Singh’s use of an interpreter in court.
The primary violation, according to Tucker’s filing, occurred Oct. 23, when Anderson, the district attorney, issued a news release that tied the crash to state and federal policy.
“Had the rule of law been followed by state and federal officials the defendant should have never been in California at all,” Anderson’s statement said, before adding that Anderson’s office would “aggressively prosecute” the case.
According to the defense, this statement “injected Mr. Singh’s national origin, by way of his immigration status, into the criminal justice proceedings, despite evidence to the contrary.”
The DA’s reply
Deputy District Attorney Phillip Stemler, argued in a Nov. 10 court filing that the statements made by the office focus on policy without referencing or disparaging Singh’s identity, do not contain discriminatory language and do not meet the standards of a Racial Justice Act violation. Further, the district attorney is protected by the First Amendment, giving him latitude to speak on policy matters, according to the filing.
Stemler’s response stated that the Oct. 21 crash that killed three people and injured several others in Ontario “touched off a debate” about immigration and truck driving but that it was not Anderson’s office who politicized the case.
“It was federal officials who injected defendant’s immigration status into the media narrative on the defendant’s case,” reads the filing by Stemler, the Racial Justice Act coordinator for the office.
First, the filing references an Oct. 22 social media post by Duffy stating that his department was withholding $40 million from California because the state did not comply with the new federal rules.
“The following day, federal officials ramped up further,” the filing reads, pointing to the Oct. 23 DHS press release on the crash that referred to Singh as a “criminal illegal alien from India.”
Stemler’s filing says that the California Racial Justice Act does not apply to federal officials.
Sethi, the civil rights lawyer, said the statements by federal officials nevertheless compromise Singh’s ability to receive a fair trial.
“Long before Mr. Singh ever sets foot in a courtroom, there is a long shadow of political theater and xenophobic rhetoric that will be cast over him,” Sethi said, “and his case that is the fault of state and federal officials.”