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.

A visit with Mr. and Mrs. Claus
Main, News...
A visit with Mr. and Mrs. Claus
December 10, 2025
this is a test
Main, News...
Vehicle problems toss wrench at sheriff
Maintenance costs pile up as agency wrestles with delays in replacing patrol cars
By Lia Salvatierra lia@ouraynews.com 
December 10, 2025
Gio Mendoza’s coworkers thought he was missing for more than an hour. Emergency dispatchers were scrambling to get in touch with him. They had no idea the Ouray County sheriff’s investigator was stran...
this is a test
Main, News...
Resident: Tax money should fund ‘creatives’
By Lia Salvatierra lia@ouraynews.com 
December 10, 2025
A Ridgway woman is proposing the town give "creative" residents a monthly, unconditional cash payment to encourage them to stay living and working in town. Ridgway resident Tia Mihelarakis proposed a ...
this is a test
News
Commissioner opposes change to cost-savings policy
By Lia Salvatierra lia@ouraynews.com 
December 10, 2025
Ouray County Commissioner Lynn Padgett voted against a minor change to the county's new cost-savings policy, citing unclear language as the reason she canceled her attendance at a statewide conference...
this is a test
News
County OKs budget, will diminish savings
By Lia Salvatierra lia@ouraynews.com 
December 10, 2025
Editor’s note: This story has been corrected to accurately reflect the county's disaster fund balance heading into 2026. Ouray County commissioners approved the county's 2026 budget during their regul...
this is a test
News
Ouray School Board considers calendar options
Opinions vary on start, end, graduation dates, four-day school week
By Deb Hurley Brobst Special to the Plaindealer 
December 10, 2025
The Ouray School District is looking at calendar options for the next two years, and officials are considering feedback from a survey of parents, staff, students and the community to help its decision...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Young Ridgway squad marked by stifling defense
Columns, Feature...
PREP ROUNDUP
Young Ridgway squad marked by stifling defense
By By Matt Meyer Special to the Plaindealer 
December 10, 2025
Certain career milestones set apart high school basketball players, the most well-known being 1,000 points. But on the defensive end, there’s an equivalent figure, with 300 career steals signifying a ...
this is a test
Feature
SEASON OF SHARING
Trust for Land Restoration
December 10, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
this is a test
News
Ridgway finalizes budget for 2026
December 10, 2025
Ridgway is ready to adopt its largest budget ever for 2026, after its council decided how much funding it will grant to 20 community organizations. During a Dec. 3 budget workshop, town councilors agr...
this is a test
News
Ranch allowed temporary access to plow County Road 7
December 10, 2025
Ouray County commissioners agreed to grant Wolf Cattle and Land Co. temporary access to plow snow on County Road 7 to complete a wildfire mitigation project. The ranch will receive a right-of-way encr...
this is a test
News
Clerk recommends employee replace her
December 10, 2025
Outgoing Ouray County Clerk and Recorder Cristy Lynn has issued a recommendation for her replacement when she leaves her role in January. Lynn sent a letter to county commissioners formally recommendi...
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