Judge declares second mistrial in death of trooper Cody Donahue

CASTLE ROCK, Colo. — A judge declared a second mistrial Friday for a commercial truck driver accused of hitting and killing a Colorado State Patrol trooper Cody Donahue.

Investigator said Noe Gamez-Ruiz was driving northbound on Interstate 25 near Castle Rock in the far-right lane when he hit and killed Donahue in November 2016.

Donahue was standing in the shoulder filling out a report for a crash he was assisting another trooper with when he was struck.

The court found that an officer testified on Thursday in response to questions to a fact that had not been contained in Arapahoe County Senior Chief Deputy District Attorney Jason Siers’s report.

“That it happens twice, and to not just any other member of our community, but a member of our law enforcement family, yeah, that is a soul-sucking outcome," Arapahoe County District Attorney George Brauchler said.

The first trial ended in a mistrial in 2017 when a witness gave information of which the defense team was unaware.

Velma Donahue, the widow of state trooper Cody Donahue, responded with a written statement:

"The family is devastated by today’s outcome, we are angry and hurt that the justice system is failing to provide justice for Cody."

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