Judge dismisses Jeffco DA’s I-70 crash lawsuit over discovery violations

A Jefferson County judge on Wednesday dismissed charges against a driver in a fatal crash on Interstate 70 west of Golden two years ago because prosecutors failed to present evidence to the defense as required by law.

District Court Judge Corinne Magid found that prosecutors missed discovery deadlines multiple times and failed to tell defense attorneys about a witness’s exculpatory testimony until the day before the jury trial began.

He dismissed a reckless driving case against 37-year-old Andrew Mittelstadt after outlining widespread problems with the investigation and prosecution in a 19-page order on Wednesday.

Mittelstadt was charged with traffic offenses including reckless driving resulting in death and reckless driving resulting in injury following a crash on westbound I-70 near the C-470 interchange on Dec. 5, 2022.

Court records show Mittelstadt hit a vehicle that was either stopped in front of him or was traveling too slowly on the interstate. He told investigators that he noticed traffic ahead was slow, checked his mirror to see if he could move into the passing lane, then looked back and saw that he couldn’t stop in time to avoid the crash.

The passenger in the car he hit, Ana Briasco De La Rosa, died at the scene of the accidentcourt records show. Another woman was also injured but survived.

The following year, a witness to the crash repeatedly told a Colorado State Patrol trooper that he saw a black SUV cut in front of Mittlelstadt before the crash and that he was unable to avoid the collision.

“This exculpatory information was not presented to the defense until the day before the original trial setting,” Magid wrote.

Magid found that the witness’s testimony was just one of many pieces of evidence that prosecutors did not present to the defense in a timely manner.

Brionna Boatright, spokeswoman for the 1st Judicial District Attorney’s Office, said prosecutors do not believe they will be able to refile the charges. He blamed discovery violations on the Colorado State Patrol trooper who investigated the case.

“We share the court’s disappointment,” he said. “The Colorado State Patrol routinely fails to properly investigate and prepare its cases to meet expectations for ethical and effective prosecutions.”

Colorado State Patrol Officer Gabriel Moltrer said agency management first became aware of concerns about the quality of the investigation on Wednesday and would review the case.

“The outcome of this case is unacceptable and quite different from what we expected,” he said in a statement. “Our members will learn from this decision and work closely with the 1st District Attorney’s Office to ensure that any gaps in expectations or communication are addressed.”

In his order, the judge noted that some witnesses to the crash thought the responding officers did not take the investigation seriously. A witness said the Colorado State Patrol trooper “didn’t want to do anything.” Another witness felt that officers at the scene “dismissed” him and were not interested in collecting his or other witnesses’ statements.