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.

New county manager seeks to lead with heart
Main, News...
New county manager seeks to lead with heart
After careers in big cities and large governments, Antonio Mendez is shifting his perspective
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ouray County is unlike most places Antonio Mendez has lived or worked before, and Mendez brings experience unlike the county has seen in two decades, or possibly ever. Ouray County’s new manager grew ...
this is a test
City leader pulls police from patrol duty
Main, News...
City leader pulls police from patrol duty
Administrator cites concerns about training, liability; sheriff's office assumes full control of services in Ouray
By Mike Wiggins mike@ouraynews.com 
February 4, 2026
Ouray City Administrator Michelle Metteer has pulled the police department’s two remaining officers off of patrol duty and reassigned them to administrative tasks, citing concerns about liability and ...
this is a test
News
County considers asking voters for tax hike in November
Staff to research potential funding measures for EMS, road and bridge; sheriff won't seek question this fall
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ouray County leaders want to research and poll the public’s appetite for asking voters for more tax revenue, to raise additional money for the county’s Emergency Medical Services and the Road and Brid...
this is a test
News
Ridgway gets initial OK for $1.34M grant
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ridgway has received initial approval for a $1.34 million grant to help it explore an all-electric building code for new construction and help electrify municipal operations, to lower its carbon footp...
this is a test
Good for you! Uncompahgre STEAM Fair
Feature
Good for you! Uncompahgre STEAM Fair
February 4, 2026
The “Good For You!” page is a place for reader-submitted photos illustrating community, celebrations and more. Want to submit a photo for publication? Here are some guidelines for submissions: - This ...
this is a test
New collaboration will provide more coverage of environmental issues
Columns, Opinion...
FROM THE PUBLISHER
New collaboration will provide more coverage of environmental issues
February 4, 2026
In the seven years we've owned the Plaindealer, it has become pretty obvious that we need more resources to help cover stories related to public lands, environmental issues and climate challenges. We ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Prairie dogs should be celebrated, not killed
February 4, 2026
Dear Editor: Thank you for alerting the public to the absurd bluff of Mark Kirk. He is threatening to sue the Ouray County commissioners if they don’t adopt a regulation to accommodate the exterminati...
this is a test
News
Judge to decide whether to unseal civil case
Plaindealer seeks public access to file that's be en sealed for nine months
By Plaindealer Staff Report Plaindealer@ouraynews.com 
February 4, 2026
A district court judge will decide whether to unseal records in a civil lawsuit that was filed nine months ago against the former Ouray police chief and has proceeded in secret. The lawsuit was filed ...
this is a test
News
Council, mayor seats up for election
February 4, 2026
Ridgway’s town council has three council seats and the mayor's position coming up for election this spring. Mayor John Clark and councilors Terry Schuyler, Kevin Grambley and Josey Scoville are up for...
this is a test
Feature, News...
‘Love Song’ takes to stage for Valentine’s
February 4, 2026
Sometimes audiences need a whimsical, light performance. And that's what folks can expect from UpstART Theater's next play, "Love Song," timed to lead up to Valentine's Day. The all-local cast of perf...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Feb. 5-19, 2026
February 4, 2026
THURSDAY FEBRUARY 5 Ouray County Republican Central Committee monthly meeting, 6 p.m., Twin Peaks Lodge and Hot Springs Sunshine Room, 50 Third Ave. in Ouray. Sewing class: Tote bags, from 1-3 p.m. at...
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