The truck driver who was accused of hitting and killing Colorado State Patrol Trooper Cody Donahue in 2016 was convicted of careless driving, passing resulting in death as well as failure to stay in a lane.

A third charge for careless driving was leveled against driver Noe Gamez-Ruiz, but he was not found guilty.

On Nov. 25, 2016, Gamez-Ruiz was driving his truck on Interstate 25 near Castle Rock when he struck Donahue. His partner, CSP Trooper Matthew Normandin called for help, though Donahue was killed instantly upon impact.

“Throughout this process I recognized that regardless of the outcome, this was going to be hard,” said Chief of the Colorado State Patrol Col. Matthew C. Packard in a statement. “I have gained a whole new respect for what a victim goes through. This has been an incredibly challenging time for all of our Patrol members, but particularly hard for the Donahue family. To them, I say ‘We miss him too.'”

The fatal incident led to the “Move Over for Cody Act” which states that drivers who do not change lanes when passing law enforcement vehicles, state highway workers or tow-truck drivers can face up to 18 months in jail and pay a $5,000 fine.

Prior to the verdict, the case had two separate mistrials due to the prosecution’s failure to disclose information to the defense.

Sentencing is set for July 30. Gamez-Ruiz could face a maximum of 12 months in jail, but he is eligible for probation, according to the 18th Judicial District.

“Our Colorado State Troopers are unshaken in their commitment to keep our State’s roadways safe. And, we need your help,” Packard said in the statement. “Pay attention when you are behind the wheel and take action when you see anyone on the side of the road — a Trooper, a firefighter, a tow truck driver, or another driver like you — when you see anyone — slow down, move over. This simple action, not only is the law in Colorado, it saves lives.”

The Colorado State Patrol identified Saturday morning the trooper struck and killed Friday night on Interstate 70 between Limon and Peoria.

Trooper William Moden, 37, was killed while assisting a crash on the side of the highway in Arapahoe County, Col. Matthew Packard, the State Patrol’s chief, said.

“We lost one of our very best,” Packard said at a morning news conference.

Moden is the fifth trooper to be killed on Colorado roads since 2015.

About 9:40 p.m. Friday, Moden stopped to investigate a crash outside his patrol vehicle on eastbound Interstate 70 near Deer Trail, Sgt. Blake White, a State Patrol spokesman, said. While tending to the car, Moden was struck by another vehicle.

The 12-year State Patrol veteran was flown to the University of Colorado Hospital. He was pronounced dead after his arrival, the State Patrol said.

Packard described Moden as a man with a wicked sense of humor, a man who loved his job and lived to help others.

“Will was an incredibly beloved guy,” Packard said. “He has a smile that was eclipsed only by the size of his heart.”

The State Patrol has not identified the driver of the other vehicle or whether any arrests have been made in connection with the incident. Nobody else was injured in the crash.

The highway was closed for several miles in both directions after the incident.

Moden worked as a vehicular crimes investigator based in Adams County, the State Patrol said. It tweeted a picture of Moden taking a selfie, a wry grin on his face.

“He was a great example and amazing human,” the State Patrol said. “You will be missed, Will.”

This is Trooper Moden. He worked in the office as our Vehicular Crimes Investigator. He was amazing at it. He was a great example and amazing human. You will be missed, Will.

— CSP 1D Adams (@csp_adamscounty)

Colorado leaders on Saturday also expressed their condolences.

“My thoughts are with the family of Colorado State Patrol Trooper William Moden, lost in the line of duty last night,” Gov. Jared Polis tweeted. The governor said flags across the state will be lowered in Moden’s honor. “He served our state in law enforcement for 12 years and loved being a state trooper.”

Sen. Cory Gardner said he and his wife were “extremely saddened” to learn of the trooper’s death: “We owe everything to these brave, selfless heroes and are forever grateful for their sacrifice to protect our communities.”

After Trooper Cody Donahue was struck and killed by a truck driver in November 2016, former Gov. John Hickenlooper signed into law the “Move Over for Cody Act,” which increased penalties for drivers who fail to move over for emergency responders.

But the law has not managed to eliminate these roadside incidents.

“The message hasn’t changed, and that����ap what����ap frustrating,” Packard said. “If you’re driving a car, it����ap worthy of your highest degree of attention. Lives are at stake.”

John Carpenter, 58, has been charged with failure to exercise due care when approaching a stationary vehicle — death and careless driving causing death.

On March 13, State Patrol Cpl. Daniel Groves, 52, was responding to a car that slid off I-76 in Weld County during blizzard conditions when he was struck and killed by another vehicle.

In an emotional news conference after the incident, state patrol leader Col. Matthew Packard eulogized Groves as “one of our best”, and pleaded with drivers to slow down when they see roadside accidents.

Law enforcement officers on March 21 came from across the country to pay their respects at Groves’ funeral procession.��

Groves was the fourth state trooper killed since 2015, and all four have died after being struck while working on Colorado’s roads.

After Trooper Cody Donahue was struck and killed by a truck driver in November 2016, former Gov. John Hickenlooper signed into law the “Move Over for Cody Act”, which increased penalties for drivers who fail to move over for emergency responders.

Carpenter will appear in Weld County court for an advisement hearing on May 29.

Cpl. Daniel Groves, a 12-year state patrol veteran, was struck and killed during Wednesday’s blizzard while responding to a car that had slid off Interstate 76. Groves was doing what he practiced every single day: Helping somebody in need, said Col. Matthew Packard.

“Dan quickly gained a reputation,” Packard said. “He was the guy that, if you needed help, you went to Dan.”

Colorado State Patrol troopers are reeling from the latest tragedy in what’s become a streak of trooper fatalities over the past four years.

“Dan died doing what he loved,” Packard said Friday, standing in front of a brown plaque with the names of troopers who died in the line of duty. “He was, and will always be, remembered as a hero.”

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Groves, 52, responded to a car Wednesday afternoon that slid off Interstate 76 near mile marker 47, just west of Roggen. While assisting the driver, he was struck by a car driven by John Carpenter, a 58-year-old Centennial resident.

After Groves was hit, several people stopped in the middle of the blizzard to try to resuscitate the fallen trooper.

“These people acted heroically and tried to save Dan’s life,” Packard said.

The state patrol is still searching for witnesses, he said, imploring anyone who might have stopped that afternoon to reach out.

CSP previously said high speed in poor driving conditions is being investigated as a possible cause of the fatal crash.��Packard declined to give any additional details on the investigation, saying it’s up to the Weld County District Attorney’s Office to decide on any charges.

Groves began his state patrol career in Frisco, Packard said, where he learned how to work in snow. Groves then moved to Denver, taking a position in the patrol’s business intelligence unit, before being promoted to corporal in Weld County.

Everyone had a story about Groves, Packard said. He was a universal presence wherever he worked.

“The world lost a smart, talented, dedicated man who chose a life of service,” Packard said.

Groves was the 29th trooper killed in action in the state patrol’s 84-year history and the fourth since 2015.

After Trooper Cody Donahue was struck and killed by a truck driver in Nov. 2016, former Gov. John Hickenlooper signed into law the “Move Over for Cody Act”, which increased penalties for drivers who fail to move over for emergency responders.

Other troopers killed in recent years include Taylor Thyfault, who was a cadet when he was hit in 2015 by a fleeing driver on a highway in Longmont. Thyfault, 21, was credited with saving the life of a tow truck driver who was in the speeding car’s path.

Trooper Jaimie Jursevics, 33, also was killed in 2015 when she was hit by a drunk driver as she tried to wave him over onto the side of Interstate 25. Her killer was a retired Army colonel who had spent a day drinking at a Broncos game. She was married with an 8-month-old daughter.

Asked Friday whether the move over law is enough to prevent road side deaths, Packard threw his hands in the air.

“It’s frustrating,” he said. “We’re literally dying trying to serve.”

Packard said he’s open to suggestions on how to improve safety, but that it ultimately comes down to drivers being safer on the roads.

Groves’ death hit the state trooper ranks hard, Trooper Gary Cutler said.

“I’m tired of burying my friends,” he said. “And it just keeps happening.”

When tragedies happen, “It makes you think about the job and how dangerous it really is,” Cutler said, prompting troopers to wonder: “Am I going to be the next one?”

After Thyfault’s death, a few troopers left, Cutler, a patrol spokesman, said. But the vast majority get back on the road and continue their jobs.

“People do become more cognizant of what they’re doing while they’re out there and watching out for themselves and the troopers out there with them,” he said.

Groves, who did not have children, is survived by his partner of two years.

A memorial service will take place next Thursday at the LifeBridge Church in Longmont.

“He was one of our very best,” the chief said. “May he rest in peace.”

Judge Shay Whitaker last Friday dismissed a felony charge against Noe Gamez-Ruiz as a sanction after two mistrials occurred in five months. Both rulings stemmed from a failure by prosecutors to disclose critical information to the defense.

“We have respect for the judge in this case, but we believe that she got it wrong,” District Attorney George Brauchler said in a statement. “So we are appealing her decision, and her findings. The appellate court has informed us that they will give this an expedited hearing, for which we are grateful.”

Police say Gamez-Ruiz was driving a semitrailer on northbound I-25 near Castle Rock on Nov. 25, 2016, when he hit Trooper Cody Donahue, who was standing behind a wrecked car on the shoulder of the road.

Prosecutors have argued that Gamez-Ruiz drifted toward the shoulder of the road, while the defense has insisted this was simply a tragic accident.

Gamez-Ruiz still faces charges of careless driving resulting in death and careless passing of an emergency vehicle resulting in death.

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.

��

A judge in Douglas County declared a mistrial Friday for the second time in five months in the case against a truck driver who struck and killed a Colorado State Patrol trooper��standing on the side of Interstate 25 two years ago.

The driver, Noe Gamez-Ruiz, was charged with criminally negligent homicide in Trooper Cody Donahue’s death.

Both mistrials were declared by District Court Judge Shay Whitaker, and both were over a failure by the prosecution to disclose critical information to the defense.

George Brauchler, district attorney for the 18th Judicial District, said at a news conference Friday that it is “exceedingly rare” to see two mistrials in a criminal case, but that the responsibility for the errors lies with his office.

“That is a soul-sucking outcome,” he said. “It’s regrettable and I’m extremely disappointed.”

Brauchler also read a statement from Donahue’s widow, Velma, in which she expressed her devastation with Friday’s outcome.

“We are angry and hurt that the justice system is failing to provide justice for Cody,” Velma Donahue wrote. “The men and women in law enforcement deserve protection, support and knowledge that the laws in place are there to protect them while they protect us. Please remember to move over for Cody.”

Harvey Steinberg, an attorney for Gamez-Ruiz, said Friday’s mistrial occurred due to similar circumstances as the first, on Sept. 13.

“For the first time yesterday, the investigator who conducted the (crash) reenactment testified that the truck my client was driving was pulling to the right,” Steinberg said. “That has never been disclosed before.”

“Accident,” Brauchler said, about how this could have happened, “is probably the only word you can come up with.” He said the officer’s account was not known to the prosecution, and therefore could not have been disclosed ahead of time.

The judge now will weigh how this case will move forward, with several options on the table, including everything from sanctions to dismissing the case entirely. Those decisions, and a new trial date, should come next week, Brauchler said.

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, contending that the driver drifted toward the interstate shoulder, where Donahue was responding to an accident.

Gamez-Ruiz’s defense has said that this was simply a tragic accident. Steinberg said during the first trial that his client was unable to change lanes because of other drivers, and that he had slowed down significantly before the crash.

“I think the prosecution has been overzealous in this case,” Steinberg said, “because — I understand their sensitivity that a trooper was killed — I don’t think they’re treating my client fairly the way he should be.”

Brauchler pushed back against that sentiment.

“Because of his conduct, we lost a state trooper — a father of two — who was killed by that conduct,” the district attorney said. “I do not think the way we approached this case is in any way unfair.”

Jason Siers, senior chief deputy district attorney, has been the lead prosecutor for both trials. He said he can’t think of another case over his 20-year career that has twice ended in mistrial.

Siers said he’s ready to put the case before a jury for the third time.

“If the matter is set for retrial, I expect, and am frankly willing to move forward to see this case out,” Siers said.

In response to Donahue’s death, Gov. John Hickenlooper in 2017 signed the “Move Over for Cody Act” into law, which requires drivers to move over when they spot a law enforcement officer, highway worker or tow-truck driver on the road.

Opening arguments are scheduled to begin in Douglas County District Court Wednesday against a truck driver who allegedly struck and killed Colorado State Patrol Trooper Cody Donahue.

Noe Gamez-Ruiz faces a felony charge of criminally negligent homicide in connection with Donahue’s death.

Judge Shay Whitaker had declared a mistrial in September after determining in the third day of trial that the prosecution had failed to disclose critical information to the defense, according to Rob McCallum, spokesman for the Colorado��Judicial Branch.

Douglas County District Attorney George Brauchler�� has previously stated that the mistrial was declared when a pathologist was on the stand, testifying for the prosecution. She gave an opinion that had not been a part of her original report, Brauchler said.

The mistrial was difficult for Donahue’s widow, Velma Donahue, who already had listened to gruesome testimony about her husband’s death, Brauchler has said.

Prosecutors were arguing that Gamez-Ruiz had allegedly been careless while driving a semi-tractor trailer on northbound Interstate 25 near Castle Rock on Nov. 25, 2016, when he drifted toward the interstate shoulder, where Donahue was working a single-car accident. Donahue was reportedly standing between a wrecked Honda Civic and the solid white line that separates the shoulder from the moving traffic lanes when he was struck.

But Gamez-Ruiz’s defense attorney,��Harvey Steinberg, has argued that the trooper’s death was a tragic accident and nothing more. Ruiz was unable to change lanes because of other drivers, and he had slowed to 54 mph in a 75 mph zone, he said.

After Donahue’s death, the Colorado Legislature created a law that requires motorists to move over when they see a law enforcement officer, highway workers or tow-truck drivers on the road. Gov. John Hickenlooper signed the “Move Over for Cody Act” into law in 2017.

The trial for the truck driver, Noe Gamez-Ruiz, was in its third day. A jury was seated Tuesday, and opening statements were heard Wednesday morning. Gamez-Ruiz is charged with criminally negligent homicide in Donahue’s death.

Rob McCallum, a spokesman for the Colorado Judicial Branch, confirmed a mistrial had been declared by Judge Shay Whitaker. The judge made the ruling because the prosecution failed to disclose critical information to the defense, McCallum said.

A motions hearing is scheduled for 3 p.m. Oct. 26, and a new trial date has been set for Feb. 12, said Vikki Migoya, a spokeswoman for the 18th Judicial District Attorney’s Office.

George Brauchler, district attorney for Douglas County, said the mistrial was declared when a pathologist was on the stand, testifying for the prosecution. She stated an opinion that had not been a part of her original report, Brauchler said.

Defense attorneys already had raised an issue after they did not learn about another prosecution witness’ commercial driver’s license until he had taken the stand.

Brauchler was not in the courtroom at the time, but had spoken with his deputies who were prosecuting the the case.

The mistrial was difficult for Donahue’s widow, Velma Donahue, who already had listened to gruesome testimony about her husband’s death, Brauchler said. Now she will have to hear it again.

“I’m disappointed,” Brauchler said. “We’re going to figure out a way to keep moving forward. We’ll come back in February and try to get justice.”

Harvey Steinberg,��Gamez-Ruiz’s attorney, declined to discuss the mistrial.

Prosecutors were arguing that Gamez-Ruiz had been careless while driving a semitrailer on northbound Interstate 25 near Castle Rock on Nov. 25, 2016, when he drifted toward the interstate shoulder, where Donahue was working a single-car accident. Donahue was standing between a wrecked Honda Civic and the solid white line that separates the shoulder from the moving traffic lanes when he was struck.

But Gamez-Ruiz’s defense attorney told the jury that the trooper’s death was a tragic accident, and nothing more. Ruiz was unable to change lanes because of other drivers, and he had slowed to 54 mph in a 75 mph zone, defense attorney Harvey Steinberg said.

Gamez-Ruiz was not on the phone and had not been drinking or using drugs.

After Donahue’s death, the Colorado Legislature created a law that requires motorists to move over when they see a law enforcement officer, highway workers or tow-truck drivers on the road. Gov. John Hickenlooper signed the “Move Over for Cody Act” into law in 2017.

Normandin ran toward Donahue’s lifeless body as he called over his radio that an officer was down. He quickly realized Donahue was dead — killed instantly by the truck’s impact, Normandin said Tuesday during opening-day testimony in the truck driver’s trial.

“I called ‘Code Frank,'” Normandin said. “On our radios, we don’t say ‘fatal.’ We say ‘Code Frank.'”

The driver, Noe Gamez-Ruiz, is charged with criminally negligent homicide in Donahue’s death, which led to the creation of a state law that requires drivers to move over for police and highway workers on Colorado roadsides.

The jury must decide whether Gamez-Ruiz was criminally negligent in causing Donahue’s death or whether the trooper’s death was a tragic accident with no one to blame. The trial, scheduled for eight days in Douglas County District Court, will feature testimony from accident reconstruction experts, engineers, and photography and video specialists who used video footage from Donahue’s patrol car and the semitrailer, and from pictures at the scene, to recreate the accident.

Gamez-Ruiz allowed his truck to drift toward the emergency lane on northbound I-25, just south of Castle Rock, on the afternoon of Nov. 25, 2016, said Jake Adkins, a senior deputy district attorney with the 18th Judicial District. He did not change lanes or try to hug the dotted line that separated two of the three northbound lanes, Adkins said. He also did not center his truck in the lane of travel.

“He allows his truck to drift to the right,” Adkins told the jury during his opening statement.

Donahue, who was one of two troopers working a single-car accident, was standing on the driver’s side of the wrecked car to log damage on a report for a tow-truck driver. He was inside the white line that separates the interstate’s shoulder from moving traffic, Adkins said.

Defense attorney Harvey Steinberg, in his opening statement, told the jurors they must remove emotions associated with the death of a law enforcement officer.

“This was a terrible, tragic, unbelievable accident, but it’s that and nothing more,” Steinberg said.

The state patrol was determined to spare no expense in pinning blame on Gamez-Ruiz, he said.

Gamez-Ruiz was unable to change lanes because of other cars, and he had slowed to 54 mph in a 75 mph zone, Steinberg said. The truck driver had not been drinking or using drugs, and he was not on the phone.��No vehicles parked on the side of the road were damaged by Gamez-Ruiz’s truck, he said.

Evidence showed that a metal bar on the semitrailer’s front grill caught Donahue’s gun belt and spun him into the side of the truck, where lug nuts on the wheels caught his pants, pulling his body into the side of the rig, where Donahue’s head struck a door latch and padlock.

He died instantly, Adkins said.

Normandin, who was the first witness and the lead officer on the original accident scene, testified that he had not closed a lane of traffic because it would be safer for him to get in and out of his car from the interstate’s shoulder, and because a closed lane causes traffic to back up, which could lead to more accidents.

At the time of Donahue’s death, there was no state law to mandate when drivers should change lanes when they see law enforcement working a wreck.

In 2017, Gov. John Hickenlooper signed the “Move Over for Cody Act,” which added jail time and financial penalties for drivers who fail to change lanes for emergency responders, highway workers or tow-truck drivers. The bill was supported by Velma Donahue, the trooper’s wife.

Donahue was the third state trooper to be killed while standing on a busy roadside.

In 2015, Trooper Jaimie Jursevics was killed by Eric Peter Henderson on I-25 in Castle Rock after she tried to wave him over because multiple motorists had called to report that he was driving while drunk. Henderson was sentenced to eight years in prison.

In May 2015, Cadet Taylor Thyfault was struck and killed by a driver fleeing police. Thyfault was working with another trooper at a separate accident scene, and witnesses credited Thyfault with saving the life of a tow-truck driver. The driver who killed Thyfault, Christopher Lee Gebbers, was sentenced to life in prison.