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.

Ridgway council candidates discuss issues at forum
Main, News...
Ridgway council candidates discuss issues at forum
Mihelarakis, Clark focus on sustainability, economy
By Lia Salvatierra lia@ouraynews.com 
March 25, 2026
Seasoned insights squared off with fresh perspective during an election forum last week as both of Ridgway’s mayoral candidates answered questions centered on their approaches to sustainability and fo...
this is a test
Sergeant slams city leaders
Main, News...
Sergeant slams city leaders
Troxell claims council, administrator mishandled police department; sheriff offers to hire, train officers
By Mike Wiggins mike@ouraynews.com 
March 25, 2026
The lone remaining sworn officer in the Ouray Police Department criticized city leaders Tuesday for their management of the latest round of turmoil within the department, claiming City Administrator M...
this is a test
Views vary on electric building code, other issues
Main, News...
Views vary on electric building code, other issues
By Mike Wiggins mike@ouraynews.com 
March 25, 2026
Ridgway Town Council candidates split last week over whether they support the potential adoption of an all-electric building code for new development in town, one of several hot topics at a candidate ...
this is a test
News
City’s cost for police services climbing
County OKs amendment boosting reimbursement rate
By By Lia Salvatierra and Mike Wiggins lia@ouraynews.com mike@ouraynews.com 
March 25, 2026
The city of Ouray's tab for having Ouray County provide law enforcement services is growing. Ouray County commissioners on Tuesday approved an amendment to an intergovernmental agreement that will rai...
this is a test
News
County orders property owners to remove gates
Land Use Department says s tructures north of pass built without permits
By Lia Salvatierra lia@ouraynews.com 
March 25, 2026
Ouray County is warning owners of properties north of Red Mountain Pass they must immediately remove two unauthorized gates blocking public access roads and remedy other unpermitted structures on thei...
this is a test
News
Trail group seeks city’s help
Nonprofit wants to move section of Perimeter Trail away from road
By Mike Wiggins mike@ouraynews.com 
March 25, 2026
The Ouray Trail Group is asking the city of Ouray for help acquiring a piece of private property so it can rebuild a section of the Perimeter Trail and move it away from a road. City councilors last w...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
County may change rules for high-elevation wastewater systems
By Lia Salvatierra lia@ouraynews.com 
March 25, 2026
Ouray County property owners may be allowed to install composting and incinerating toilets without a septic system in certain areas of the county. During a March 11 work session, county commissioners ...
this is a test
Letters, Opinion...
Presence doesn’t equal performance on council
March 25, 2026
Dear Editor: As an advocate for responsible remote work, I disagree with the sentiment expressed in the “City: No to more remote governance” article published in your March 5-11 edition. This is not a...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Kudos to Hurd too soon
March 25, 2026
Dear Editor: I was very surprised to see in the March 19-25 edition of the Plaindealer a full-page advertisement, paid for by The Wilderness Society, thanking Republican U.S. Rep. Jeff Hurd saying, “R...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Hurd should put country before party
March 25, 2026
Dear Editor: My husband and I attended Jeff Hurd’s telephone town hall Tuesday, March 11. We were relieved to hear that our new representative supports Ukraine and the rehiring of fired federal worker...
this is a test
Is there relief for brutally warm, dry March?
Columns, Opinion...
Is there relief for brutally warm, dry March?
By Karen Risch 
March 25, 2026
Early this month, spring 2026 seemed to be yet another hot, droughty season across the West. Since then, March has been abysmally dry and scarily warm, thanks to a highly unusual heat dome parked over...
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