Kieran Nicholson The Denver Post
DOUGLAS COUNTY, Colo. — A criminally negligent homicide charge against a driver who hit and killed a Colorado State Trooper on Interstate 25 has been dismissed by the court.
Douglas District Court Judge Shay Whitaker on Friday dismissed the felony charge against Noe Gamez-Ruiz in connection to the death of Trooper Cody Donahue.
District Attorney George Brauchler, whose office is prosecuting the case, had not yet seen the order on Friday evening, according to his spokeswoman, Vikki Migoya. She said he has “no immediate comment at this time.”
Gamez-Ruiz still faces charges of careless driving resulting in death and careless passing of an emergency vehicle resulting in death. Both charges are Class 1 Traffic Offenses. He has pleaded not guilty to both.
On Feb. 15, Whitaker declared a mistrial in the case for the second time in five months, both rulings were over a failure by the prosecution to disclose critical information to the defense.
On Nov. 25, 2016, Gamez-Ruiz was driving a semitrailer on northbound I-25 near Castle Rock when he struck Donahue, who was standing behind a wrecked car on the shoulder of the road. Prosecutors have argued that Gamez-Ruiz was careless, drifting toward the interstate shoulder, where Donahue was responding to an accident.
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