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
DA appeals sanctions in assault case
Photo by Africa Studio/AdobeStock
Main
By Mike Wiggins mike@ouraynews.com, on March 27, 2024
DA appeals sanctions in assault case

Prosecutors seek delay, overturn of exclusion of evidence from hearing

Prosecutors have appealed a judge’s decision to exclude evidence from a hearing in a Ouray felony sexual assault case, claiming the judge abused his discretion.

The 7th Judicial District Attorney’s Office on March 15 appealed County Court Judge Sean Murphy’s ruling to a district court judge and have asked for a delay in any further proceedings in the case against 18-year-old Ashton Whittington, one of three men accused of sexually assaulting a 17-year-old girl last year at the home of Ouray Police Chief Jeff Wood.

Defense attorneys had not responded to the appeal filed by Deputy District Attorney Ryan Hess as of Wednesday, and it’s unknown when a district court judge will rule on the appeal. But the appeal likely will postpone an all-day preliminary hearing for Whittington that was scheduled to take place Friday and delay proceedings.

The DA’s office filed the appeal two days after Murphy barred prosecutors from introducing several pieces of evidence at the preliminary hearing because they failed to turn over the evidence to Whittington’s attorneys within the time frame mandated by state law. That evidence included video of a search warrant being executed at the police chief’s house and information extracted from the cellphones of the girl and three defendants.

Defense attorneys complained it took prosecutors until this month to submit evidence from the alleged sexual assault, which was reported in May 2023. Some evidence had still not been turned over to the defense by the initial March 13 preliminary hearing.

In his appeal and motion to halt legal proceedings, Hess didn’t explain why prosecutors believe Murphy abused his discretion. But he made it clear the suppressed evidence is key to the case.

“The issues raised on appeal have a substantial effect on the prosecution’s case,” Hess wrote in his motion to stop proceedings pending the outcome of the appeal. “Absent a stay of the proceed- ings, there can be no effective remedy, as evidence which is necessary to prove one probable cause of the charges against the Defendant has been suppressed from the preliminary hearing.”

Prosecutors have charged Whittington with felony counts of sexual assault and contributing to the delinquency of a minor and a misdemeanor count of providing alcohol to a minor. His attorneys argued during the March 13 preliminary hearing Whittington was not involved in the alleged assault and that his DNA wasn’t found in any of the tests performed.

The two other defendants in the case, 18-year-old Nate Dieffenderffer and 20-year-old Gabriel Trujillo, are due back in court in April and May, respectively. Dieffenderffer, the stepson of the Ouray police chief, was 17 at the time of the alleged assault and is being charged as an adult.

Blood moon rising
Main, News...
Blood moon rising
March 4, 2026
this is a test
Main, News...
City: No to more remote governance
Ouray council rejects member's request to attend more meetings from afar
By Mike Wiggins mike@ouraynews.com 
March 4, 2026
The Ouray City Council on Monday unanimously rejected a councilor’s request for greater leeway to participate in council meetings remotely, agreeing it’s vital for elected officials to face constituen...
this is a test
A dilemma 25 years in the making
Main, News...
4-H EVENT CENTER
A dilemma 25 years in the making
Commissioners determined to improve fiscal health of facility plagued by management, use questions since its donation
By Lia Salvatierra lia@ouraynews.com 
March 4, 2026
The dilemma of how to manage, finance and use the Ouray County 4-H Event Center is coming full circle, reflecting conversations that happened more than 25 years ago when the facility was donated to th...
this is a test
Pool house design draws varied reactions
News
Pool house design draws varied reactions
Residents alternately praise, pan contemporary appearance, debate proposed community space
By Mike Wiggins mike@ouraynews.com 
March 4, 2026
Ouray County residents peppered architects and Ouray parks and recreation officials with questions and feedback about a proposed new pool house at the Ouray Hot Springs Pool, revealing a broad spectru...
this is a test
News
Rural teens, caregivers sought to participate in suicide risk study
By Erin McIntyre erin@ouraynews.com 
March 4, 2026
Editor's note: This story talks about topics related to suicide. If you or anyone else needs resources, please call or text 988 or visit 988colorado.com. For Dr. Maya Haasz, it didn’t feel right to us...
this is a test
News
County launches inaugural wellness fair
March 15 Wellnesspalooza seeks to offer assistance, no matter the ailment
By Lia Salvatierra lia@ouraynews.com 
March 4, 2026
For those seeking resources for addiction or other mental health issues, or simply to improve overall wellness, Ouray County’s first Wellnesspalooza brings together local and regional providers, commu...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
CLARIFICATION
March 4, 2026
An article in the Feb. 26-March 4 edition about the county attorney’s evaluation should have made clear that that Ouray County had four members of the administration team and one employee leave their ...
this is a test
News
CORRECTION
March 4, 2026
A subheadline in the Feb. 26-March 4 edition for an article about the Ridgway Town Council election incorrectly indicated the number of open council seats and number of candidates for those seats. The...
this is a test
Letters, Opinion...
Elected officials should fly ‘Betsy Ross’ flag
March 4, 2026
Dear Editor: I saved last year’s July 10-16 edition of the Plaindealer because its coverage of the city of Ouray’s Independence Day parade reminded me that it marked the beginning of what would be a y...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Ouray fortunate to have city administrator
March 4, 2026
Dear Editor: We all know how lucky we are to live in Ouray, but most of us do not know how fortunate we are to have Michelle Metteer as our city administrator. She is a soft-spoken person so I would l...
this is a test
Looking Back
Feature
Looking Back
March 4, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago March 3, 1966 Arthur R. Alschbach, Ouray's oldest continuous resident, died March 1 a...
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