2nd mistrial declared in case involving death of a Colorado state trooper
The repeat of an error by prosecutors led to a second mistrial Friday for the man accused of killing a Colorado State Patrol trooper in November 2016 in Douglas County.
Noe Gamez-Ruiz went on trial this week on a charge of careless driving causing death for the accident that killed Trooper Cody Donahue on Interstate 25.
Donahue was investigating a crash just south of Castle Rock when police say Gamez-Ruiz hit him while driving his truck.
On Friday, a judge declared a mistrial after a witness for the prosecution testified about evidence that was not previously disclosed to defense attorneys.
“My understanding is a deputy who was responsible for getting the truck out of the guardrail and driving it away said it tended to pull to the left,” said Douglas County District Attorney George Brachler. “That statement was not provided to us nor the defense.”
The first trial for Gamez-Ruiz last September resulted in a mistrial for almost the exact same reason; Two prosecution witnesses testified to facts not previously disclosed to both sides.
According to prosecutors, a witness to the accident later applied for a commercial drivers license — a fact that wasn’t disclosed to the defense — and a pathologist testified to differing accounts of the investigation.
Prosecutors took responsibility for the mistakes.
“It’s hard to say why this happened twice,” Brachler said during a news conference at the Douglas County Justice Center. “It’s not a perfect process. We just need to keep it from happening again. I don’t think this fact is going to ultimately be of any significant consequence in the case moving forward. But to the extent that law enforcement failed to provide a piece of information that we didn’t further explore, discover and turn over to the defense — and we inquired about it in court — yeah, I accept the responsibility for that.”
Prosecutors also apologized to the Donahue family, whose members released a statement saying they were “devastated by today’s outcome” and “are angry and hurt that the justice system is failing to provide justice for Cody.”
In another development, Brachler said the presiding judge may issue sanctions against prosecutors if there is a third trial. After the first mistrial, the judge narrowed the sentencing range from 12 to 18 months — instead of one to three years — if Gamez-Ruiz was convicted in the second trial.
“The sanctions this time could range from (removing) a witness, reducing a charge, limiting sentencing again or dismissing the case entirely,” he said. “That’s an extreme outcome that I don’t foresee happening.”
Brachler said having two or more successive mistrials is rare and that he’s never seen it happen before.
“There’s no limit on mistrials,” he said.
Donahue’s death led then-Gov. John Hickenlooper to sign the Move Over For Cody Act, which increases penalties for drivers who don’t move over a lane when passing emergency vehicles or tow trucks.
Prosecutors said that, sometime next week, they will ask the judge for a third trial.
Gamez-Ruiz is free on bond.
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Douglas County District Court Judge Shay Whitaker declared a mistrial Thursday in the case against the truck driver accused of hitting and killing a Colorado state trooper in 2016.
Noe Gamez-Ruiz, 41, was initially charged with careless driving causing death and failure to yield for the accident last Nov. 25.
Authorities say Trooper Cody Donahue was standing beside a vehicle and investigating a previous crash when he was hit on Interstate 25 south of Castle Rock.
In January 2017, his charges were upgraded to criminally negligent homicide, carelessly passing an emergency vehicle resulting in death and careless driving resulting in death. Gamez-Ruiz pleaded not guilty earlier this year.
A new trial is scheduled to begin on February 12, 2019. A motions hearing is set for October 26, 2018, at 3 p.m.
