Videos Login Subscribe Renew E-edition
logo
ePaper
coogle_play
app_store
  • News
  • Features
  • Opinion
    • Columns
    • Letters
  • Obituaries
  • Classifieds
    • Place a Classified
  • Advertise
  • Contact us
  • Legal Notices
    • Read Statewide Legal Notices
  • Archives
    • News
    • Features
    • Opinion
      • Columns
      • Letters
    • Obituaries
    • Classifieds
      • Place a Classified
    • Advertise
    • Contact us
    • Legal Notices
      • Read Statewide Legal Notices
    • Archives
Judge sanctions DA in rape case
Photo by Africa Studio/AdobeStock
News
By Mike Wiggins mike@ouraynews.com on March 20, 2024
Judge sanctions DA in rape case

Prosecutors take too long to submit evidence to defense, can’t introduce it at hearing

Editor’s note: This story contains details about an alleged sexual assault.

Prosecutors who failed to turn over several pieces of evidence in a timely manner to defense attorneys have been barred from introducing that evidence in a key hearing for one of three men accused of sexually assaulting a 17-year-old girl at the home of Ouray Police Chief Jeff Wood last year.

Seventh Judicial District County Court Judge Sean Murphy ordered Deputy District Attorney Ryan Hess to not use any evidence in a March 13 preliminary hearing for 18-yearold Ashton Whittington that wasn’t provided to Whittington’s attorneys by Jan. 17. He also instructed Hess to submit the remaining evidence he has to public defenders Patrick Crane and Cody Seboldt by the end of the day March 15.

Evidence prosecutors won’t be able to use in the preliminary hearing includes video of a search warrant being executed at Wood’s house and information extracted from the cellphones of the accuser and three defendants.

The March 13 hearing was continued to March 29 after attorneys spent more than two hours arguing over the defense’s motion to dismiss the case against Whittington or issue sanctions against prosecutors.

Whittington, 18-year-old Nate Dieffenderffer and 20-year-old Gabriel Trujillo are each charged with felony sexual assault in connection with an alleged May 2023 rape the accuser says happened at Wood’s home. Dieffenderffer, who is Wood’s stepson, was 17 at the time of the alleged crime and has been charged as an adult.

The district attorney’s office earlier this month filed two additional charges against Whittington — a felony count of contributing to the delinquency of a minor and a misdemeanor count of providing alcohol to a minor. The felony count alleges Whittington aided or encouraged Dieffenderffer to sexually assault the girl.

Whittington’s attorneys blasted prosecutors during the March 13 hearing, with Seboldt alleging there is “an extreme record of negligence in this district” on the part of District Attorney Seth Ryan and his staff failing to supply evidence to defense attorneys in a timely fashion.

The district attorney’s office dropped charges in a felony stalking case in Montrose last year after taking more than a year to provide evidence to the defendant. In a current homicide case in Gunnison County, Crane claimed it took prosecutors eight months to turn over evidence to defense attorneys.

Murphy declined to dismiss any charges against Whittington but made it clear he was concerned that prosecutors took so long to supply defense attorneys with evidence. Under state law, prosecutors must turn over several types of evidence — including law enforcement reports, witness statements, photographs and video — to defendants within 21 days of filing charges. Whittington was charged Dec. 27.

“Frankly I’m concerned because these are rather serious assertions, and if this goes beyond some sort of pattern of negligence into some sort of willful ‘hide the ball’ exercise, then I want to make sure we have access to known information supporting that,” Murphy said.

The judge excluded several pieces of evidence from the preliminary hearing, including bodyworn camera video of law enforcement officers executing a search warrant at the Ouray police chief’s home in July, as well as multiple police reports and photographs. Seboldt said prosecutors didn’t provide the reports and photos until March 4, and didn’t turn over the search warrant video until the morning of the preliminary hearing.

Seboldt and Crane also pointed out they still hadn’t received information that was extracted from the cellphones of the accuser and the three suspects. Murphy ordered Hess to provide that by March 15 while also excluding it from the preliminary hearing.

Hess told Murphy the evidence in the case is voluminous, and that prosecutors ran into some technical glitches, such as broken web links, in obtaining and organizing evidence from the Colorado Bureau of Investigation, which investigated the alleged sex assault.

He also claimed prosecutors couldn’t communicate electronically with defense attorneys for a few weeks due to a cyberattack on the Colorado State Public Defender’s Office. Seboldt, however, pointed out the attack happened after the deadline had passed for prosecutors to turn over evidence. The cyberattack happened Feb. 9, according to reporting by the Denver Post.

Hess also insisted Murphy had no jurisdiction to dismiss charges against Whittington, claiming only a district court judge could do that. Crane disputed that notion and said this case is the latest example of prosecutors failing to fulfill their legal obligations.

“The excuses that are being used, I’ve been a part of numerous cases that are on that list,” he said. “I have heard of all of this before. Nothing has changed, even as cases have been dismissed or sanctions (have been imposed) or people have been excluded from testifying.”

Whittington’s attorneys asked Murphy to dismiss the case in its entirety, or at least the most serious count — the felony sexual assault charge — but the judge declined to do so, choosing instead to limit evidence at the preliminary hearing.

The arguments over what sanctions, if any, prosecutors should face left little time for the preliminary hearing, in which a judge considers whether there is enough evidence to support proceeding with criminal charges. It’s a relatively low bar for prosecutors to meet in a hearing where the judge considers the evidence in a light most favorable to the district attorney.

The only witness called during the March 13 hearing was the accuser in the case, who was surrounded in the courtroom by several family members, friends and supporters. The Plaindealer is not naming her in reports, as it is the newspaper’s policy to not name accusers in sex assault cases.

The girl, now 18, testified she went to Dieffenderffer’s house the night of May 13, bringing with her an empty vodka bottle filled with gin and water. She said Whittington brought whiskey shots and alcoholic seltzers. She said she knew Dieffenderffer and Whittington would be at the house, along with the police chief and his wife. Trujillo also showed up, though the accuser said she didn’t know he would be there.

The accuser said she drank one of the seltzers, and then another she said Whittington handed to her. Within a few minutes, she said, she started feeling lightheaded and her body went numb. Prosecutors implied — but did not directly claim — the seltzer had been drugged.

She said she blacked out, and when she regained consciousness she was being assaulted.

“Did you (give) consent?” Hess asked. “No,” she replied. She said she grabbed a sweatshirt — later determined to be the police chief’s — and left the house. She said she was bleeding and had scratches and bruises and a chipped tooth.

The accuser said she called and texted friends and drove home. One friend encouraged her to go to the hospital. She testified she had no intention of reporting the rape to police but decided to go to the hospital to make sure she was OK and to try to preserve evidence, should she change her mind and report a crime.

The prosecution’s questioning of the woman lasted about 15 minutes.

Crane, who said he anticipates cross-examining the accuser for several hours when the preliminary hearing resumes March 29, told the judge Whittington was not involved in the sexual assault, that his DNA was not found in any of the tests performed and that there is “zero evidence” of a plan to commit an assault. He said prosecutors have to prove not only that an assault occurred, but that Whittington knew an assault was going to occur and took steps to aid in its commission.

“Mr. Whittington being there, even if a sexual assault occurred, isn’t a crime,” Crane said. “Legally someone could stand and watch someone rape someone and that is not complicity. It is a moral issue, no doubt. But there is no legal duty to jump in and stop it.”

The other two defendants in the case, Trujillo and Dieffenderffer, are due back in court March 26 and April 2, respectively.

If you or anyone else needs assistance with sexual assault resources, please call either the National Domestic Violence Center 24/7 hotline at 1-800-799-7233 or the National Sexual Assault 24/7 hotline at 1-800-656-4673.

RELATED STORY: Judge closed, then reopened hearing to public

News
Local briefs: Ridgway appoints two to sustainability board, updates marshal overtime policy
Town seeks bike park design proposals, moves forward with pre-approved ADU plan designs
By James Hanlon 
September 17, 2026
New members appointed to sustainability board The Ridgway Town Council appointed Terry Schuyler and Christiane Frischmuth to the Ridgway Sustainability Advisory Board after brief interviews at the Sep...
this is a test
County: Layoffs likely
Main, News...
County: Layoffs likely
Commissioners, administrators warn of job cuts to close $1.5 million gap; staff criticizes leaders for not addressing problem earlier
By James Hanlon 
September 16, 2026
Ouray County will likely need to lay off employees to make up a projected $1.5 million gap between requested expenses and revenue next year, county officials warned at a budget workshop on Sept. 9. Th...
this is a test
Main, News...
Disaster tax not ‘backfill’ for fire costs, leaders say
By Chart Riggall 
September 16, 2026
In the aftermath of President Donald Trump’s declaration of the Gold Mountain Fire as a major federal disaster, Ouray County commissioners say the potential influx of additional federal funds doesn't ...
this is a test
News
Town considers options for sewer plant location
By James Hanlon 
September 16, 2026
The Ridgway Town Council wants to see some dollar estimates before deciding where to build a new wastewater treatment plant. Town staff briefed the council on three possible locations north of town at...
this is a test
News
City prepared to pay fees for housing project
Despite some councilors' misgivings, Ouray in line to give more money to deed-restricted apartment complex
By Mike Wiggins mike@ouraynews.com 
September 16, 2026
The city of Ouray is set to provide up to $225,000 to a nonprofit organization to cover water and sewer tap and building permit fees for a 13-unit affordable housing project. At City Administrator Mic...
this is a test
News
Owl Creek Pass, Silver Jack Reservoir areas reopen after fire
Gold Mountain Fire closure area reduced
By Plaindealer Staff 
September 16, 2026
The closure area associated with the Gold Mountain Fire was reduced on Tuesday, reopening several roads and recreation areas in time for fall color season. The reopened areas include Owl Creek Pass, S...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
With water shortage, recreation shouldn’t trump irrigators
By Leanna Roberts 
September 16, 2026
Dear Editor: Regarding the Aspen Journalism article that published in the Sept. 10 edition of the Plaindealer, I would like to respond to statements made by RIGS Fly Shop & Guide Service owner Tim Pat...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Local agencies can do more to protect public lands
By Alex Menard 
September 16, 2026
Dear Editor: The U.S. Department of Agriculture and the U.S. Forest Service are proposing two management changes with profound effects on our public lands throughout the West and in our local mountain...
this is a test
News
County won’t fill deputy emergency manager job
By James Hanlon 
September 16, 2026
Ouray County Manager Antonio Mendez will recommend county commissioners not rehire a deputy emergency manager in order to save costs, he told staff at a meeting about budget cuts Tuesday morning at th...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Sept. 17-30, 2026
September 16, 2026
Thursday, September 17 Stillhouse Junkies live music, doors open at 6 p.m. at the Wright Opera House, 472 Main St. in Ouray. Advance tickets $20 at thewrightoperahouse.org, $25 day of show, $35 reserv...
this is a test
Suzanne K. Brown
Obituaries
Suzanne K. Brown
September 16, 2026
Suzanne Kay Kircher was born to parents Ken and Doral Kircher on April 1, 1941 in Twin Falls, Idaho. Throughout her life she put up with mild teasing about being an April Fool's baby. She attended sch...
this is a test
Facebook

Remote-triggered avalanche in San Juan Mountains

First responders receive first COVID-19 vaccines

Ouray County Plaindealer
Office address:

195 S Lena St. Unit D
Ridgway, Colorado 81432
970-325-4412

Mailing address:
PO Box 529
Ridgway CO 81432

This site complies with ADA requirements

© 2023 Ouray County Plaindealer

  • Contact
  • Advertise
  • Accessibility Policy