AP NEWS

Mistrial declared in 2nd case involving trooper death

February 15, 2019

DENVER (AP) — A mistrial has been declared in a second trial of a truck driver accused of hitting and killing a Colorado State Patrol trooper in 2016 on Interstate 25.

Noe Gamez Ruiz had been charged with criminally negligent homicide in the death of Trooper Cody Donahue.

A first trial ended in a mistrial in September. Court officials said at the time the prosecution failed to disclose information to defense lawyers.

Defense attorney Harvey Steinberg told KMGH-TV on Friday a judge made the ruling after Steinberg argued that evidence had been withheld.

Donahue was standing in the shoulder of the highway filling out a crash report when he was struck.

A 2017 Colorado law raised penalties for drivers who don’t slow down and move over when approaching emergency vehicles and tow trucks.

___

Information from: KMGH-TV, http://www.thedenverchannel.com