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Second trial underway for truck driver accused of striking, killing CSP Trooper Cody Donahue

noe gamez ruiz mug shot.jpg
Posted at 3:59 PM, Feb 13, 2019
and last updated 2019-02-13 18:01:16-05

DOUGLAS COUNTY, Colo. – Opening arguments were set to get underway Wednesday in the second trial for a man accused of hitting and killing Colorado State Patrol Trooper Cody Donahue in November 2016.

A jury was seated Monday in the trial of Noe Gamez-Ruiz, who faces charges of criminal negligent homicide, failure to yield the right of way to an emergency vehicle and careless driving causing death.

A mistrial was declared in his first trial last September after an expert witness on the stand revealed an opinion that had not previously been disclosed in court filings about what part of Gamez-Ruiz’s truck allegedly hit Donahue.

Donahue was killed on Nov. 26, 2016 as he responded to a crash on I-25 near mile marker 179 and Gamez-Ruiz’s truck allegedly drifted over the solid white shoulder line and struck him.

Cameras are not allowed in the courtroom during the trial but Denver7 expects to follow the case through trial.

In the two-plus years since his death, Colorado lawmakers created the Move Over for Cody Act, which requires drivers to move over if they see officers or highway workers on the road.