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DOUGLAS COUNTY, Colo. (KDVR) — The man accused of hitting and killing a Colorado State Patrol Trooper Cody Donahue in November 2016 will be in Douglas County Court Monday. This will be it will be his third trial, in the wake of two mistrials.

Investigators 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.

According to court documents, Gamez-Ruiz is charged with careless driving resulting in death.  At his second mistrial, a judge dismissed a felony change of criminally negligent homicide due to the prosecution’s failure to let the defense know key evidence before the trial began.