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

District Judge Shay Whitaker declared the mistrial Thursday during the third day of the trial for Noe Gamez-Ruiz, who is charged with criminally negligent homicide in the death of Trooper Cody Donahue.

Court officials say the judge made the ruling because the prosecution failed to disclose information to defense lawyers.

District Attorney George Brauchler says the issue arose while a pathologist was testifying for the prosecution.

A new trial date has been set for Feb. 12.

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