PROVIDENCE, R.I. (WPRI) — The medical transport driver accused of causing a deadly crash nearly three years ago is back behind bars in Rhode Island, 12 News has learned.

U.S. Immigration and Customs Enforcement (ICE) recently approved Dauda Elegushi’s transfer from federal to state custody as he awaits trial for the crash that killed 77-year-old Lina Russo.

Elegushi, 28, is currently being held without bail at the ACI pending his next court date, which is scheduled for May 1.

An arrest warrant was issued for Elegushi last month after he failed to appear in court. Brian Hodge, a spokesperson for R.I. Attorney General Peter Neronha, said Elegushi didn’t show because he was taken into custody by ICE agents and was being held at the Plymouth County House of Corrections.

Elegushi was out on bail when he was arrested for violating a no-contact order in late January, Hodge said. He pleaded no contest and was sentenced to 30 days at the ACI.

Hodge said ICE then lodged an immigration detainer against Elegushi with the ACI, which handed him over in February after he completed his sentence.

An immigration judge ordered Elegushi be deported to Nigeria, despite state prosecutors’ attempts to keep him in the country to stand trial for the deadly crash.

But Hodge has since confirmed that Elegushi will remain in Rhode Island until after the trial is over. He will then be transferred back to federal custody where he will once again face deportation.

Elegushi was driving Russo home from a dialysis appointment in November 2021 when he crashed into an oncoming car on Route 117 in Coventry. Russo’s wheelchair wasn’t strapped in, which caused her to slam into the back of the driver’s seat.

Russo later succumbed to her injuries at Rhode Island Hospital.

Elegushi was drunk at the time of the crash and had an open beer in his cupholder, according to prosecutors. He is facing several charges, including driving under the influence of alcohol resulting in death.

Elegushi was driving the woman for Assured Transportation — a former subcontractor of MTM — at the time of the crash. (MTM is the state’s non-emergency medical transportation provider.)

Prosecutors said Elegushi was in the country illegally, having overstayed his visa, and did not have a valid driver’s license. He was also not an authorized driver under Assured Transportation’s contract with MTM.