An El Paso County judge on Wednesday ruled that evidence of a previous attempt to flee law enforcement from the Colorado man who now stands accused of killing a parole officer last year can be used at his trial next month.

Justin Kula, 42, is accused of killing Pueblo parole officer Christine Guerin Sandoval with his car after he attempted to flee from her and two other parole officers who were attempting to make contact with Kula on Sept. 28.

At Kula’s preliminary hearing, evidence was presented that Kula had allegedly been using narcotics before his interaction with Sandoval. Kula’s attorneys argued at the hearing that Kula did not know Sandoval was a member of law enforcement when she approached his car, while the District Attorney’s Office argued that he was fully aware Sandoval was a member of law enforcement when he attempted to flee.

On Wednesday an El Paso County judge was tasked with deciding whether evidence of an alleged previous attempt from Kula to flee would be prejudicial to his defense.

The court stated that on Aug. 27, 2020, Kula allegedly fled from law enforcement in his car after they attempted to make contact with him. Prosecutors argued that Kula’s attempt to flee could be used at trial as evidence that he knowingly was attempting to evade law enforcement when he allegedly killed Sandoval on Sept. 28.

Kula’s defense argued that the evidence would be prejudicial to his defense, and previous interactions with law enforcement were irrelevant to Kula’s state of mind during the incident that led to Sandoval’s death.

Judge David Shakes said he was struck by how “similar” the two incidents were, and that he felt the evidence was relevant, because it potentially rebuts the argument from Kula that “I would have done something different had I known I was being contacted by law enforcement.”

Shakes ruled that the evidence of the previous attempt to flee could be used in trial as a result.

Kula’s attorney, Kimberley Davis, unhappy with the ruling, requested for Shakes to give a further record on his reasoning, but Shakes declined to do so.

“I’ve made my record, thanks,” Shakes said before ending the motions hearing.

Davis also informed the court that her theory of defense for Kula at trial will be about self defense, likely arguing as she has at previous hearings that Kula did not know Sandoval was a parole officer when she approached his car, and nobody identified themselves as law enforcement to Kula.

Kula pleaded not guilty to 13 charges — including leaving the scene of an accident causing death, vehicular homicide and reckless manslaughter — in March and is scheduled to begin trial on Oct. 28.

Attorneys at Kula’s arraignment say the trial should last approximately two weeks. He remains in custody at the El Paso County jail on a $250,000 bond.

Previous reporting from The Gazette indicates Kula has a long criminal history, including more than a dozen felony convictions over two decades in Colorado and Texas. In 2020, Kula was convicted of disorderly conduct, and assaulting a peace officer, among other crimes, according to court records.

Additionally, Kula faced 13 felony charges in Texas between 2000 and 2018 including six drug-possession charges, two theft charges, three assault charges, a harassment charge, and a misdemeanor charge in 2007 for making terrorist threats.