CASTLE ROCK – For a second time, a judge declared a mistrial in the case of Noe Gamez-Ruiz, the man accused of hitting and killing Colorado State Trooper Cody Donahue in 2016.
The district attorney said it comes down to a piece of information shared for the first time during the trial that both sides didn’t know about.
It mirrors what happened during the first mistrial last year, worsening the blow for prosecutors and Donahue’s family.
In this case, a deputy who drove the Gamez-Ruiz’s truck after the crash said it pulled to the right.
Donahue was pulled over in the right shoulder of I-25 when he was struck.
“That is the singular fact that lead to, in my opinion, where we are today,” said 18th Judicial District Attorney George Brauchler.
The decision crushed prosecutors.
“That it happens twice, and not just to any other member of our community but a member of our law enforcement family, that is a soul sucking outcome,” Brauchler said.
“And it is very difficult.”
“My sympathies and apologies to the family and the members of the state patrol,” said Jason Siers, the Senior Chief District Attorney for the 18th Judicial District.
“Very disappointed in this outcome.”
The family is also sharing their frustration in a written statement.
“We are angry and hurt that the justice system is failing to provide justice for Cody,” Brauchler said as he read the statement out loud.
Now, they’re all gearing up for a third trial.
“We’re going to continue to move forward and try to get justice in this case,” added Brauchler.
Gamez-Ruiz had been charged with criminally negligent homicide in the death of Trooper Cody Donahue.
A judge will set a new trial date next Wednesday.
In the family’s statement, they ask everyone to move over for law enforcement in Cody Donahue’s memory.
