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DA's Office Appeals Judges Ruling To Reduce Charges Against Noe Gamez-Ruiz

CASTLE ROCK, Colo. (CBS4) - The Arapahoe County District Attorney's office is appealing a judges ruling to lessen the charges against Noe Gamez-Ruiz. On Friday, the court says the felony charge was dropped as a sanction against the prosecution after it failed to turn over all the evidence to the defense.

Noe Gamez-Ruiz
Noe Gamez-Ruiz (credit: Douglas County)

Gamez-Ruiz is accused of hitting and killing Colorado State Trooper Cody Donahue in November 2016 on Interstate 25 near the Tomah exit.

move over law
(credit: CBS)
Cody Donahue
Cody Donahue (credit: Colorado State Patrol)

"We have respect for the judge in this case, but we believe that she got it wrong," said District Attorney George Brauchler in a news release. "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."

The suspect was set to go on trial for a third time after two mistrials were declared before the charges were reduced. Last month, the second mistrial was declared in the case over the prosecution's failure to give information to defense attorneys.

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