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DA appeals sanctions in assault case
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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.

Forest closure expands as fire makes another big run
Main, News...
Forest closure expands as fire makes another big run
By Mike 
July 2, 2026
The U.S. Forest Service this afternoon expanded the closure area in the Uncompahgre National Forest east of Ridgway, as the Gold Mountain Fire makes another big run. The original closure largely encom...
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News
Water providers ask customers to conserve
By erin@ouraynews.com 
July 2, 2026
Water managers are asking residents to avoid excessive water use and putting more demand on their distribution system. Ridgway Mayor John Clark announced during a Ouray County Board of County Commissi...
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Reservoir to close due to aerial firefighting operation
News
Reservoir to close due to aerial firefighting operation
By erin@ouraynews.com 
July 2, 2026
Ridgway Reservoir will close to boaters as soon as planes dispatched to assist with the aerial attack on the Gold Mountain Fire arrive. It's hard to tell exactly when that will be, but Colorado Parks ...
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Fire surges into Cimarrons
Main, News...
Fire surges into Cimarrons
Evacuations expand, forest closes as forecast offers little relief
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
July 1, 2026
A wildfire that started as a wisp of smoke on a cliffside just north of Ouray last weekend exploded to more than 15,000 acres by Wednesday, driven by winds north to the Cimarron Range east of Ridgway....
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City curtails holiday events, keeps parade
Main, News...
City curtails holiday events, keeps parade
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Fourth of July events in Ouray will be scaled back this year in response to the Gold Mountain Fire, with the July 3 fire department benefit concert and the Independence Day parade and kids’ games a go...
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Blaze forces evacuations, destroys family cabin
News
Blaze forces evacuations, destroys family cabin
No word when owners will be able to return
By By Mike Wiggins, Erin McIntyre and Deb Hurley Brobst mike@ouraynews.com erin@ouraynews.com 
July 1, 2026
Rachel Nichols helped Russell McCrady when he needed emergency treatment for his dog. Little did she know he would return the favor when she and her husband encountered their own emergency, after they...
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Fire crashes wedding party
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Fire crashes wedding party
Forced to flee, Denver-area couple improvises, moves celebration
By Mike Wiggins mike@ouraynews.com 
July 1, 2026
The navy blue suit was ready for James Lindaman to attach his great-grandfather’s Air Force airman’s pin to the lapel. Michelle Lindaman spent months arranging every detail of her wedding, from the fl...
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Looking Back
Feature
Looking Back
July 1, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago July 7, 1966 Dynamite charges started Ouray’s Independence Day Celebration with a ban...
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In light of staff survey, commissioners vow to govern better, improve pay
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Ouray County commissioners responded to the good, the bad and the ugly from the “2026 Employee Viewpoint Survey,” saying they were pleased county employees said they generally like their jobs, committ...
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Q&A: Gold Mountain Fire
By Plaindealer Staff Report Plaindealer@ouraynews.com 
July 1, 2026
The emergency response to the Gold Mountain Fire has been sudden and information is changing from day to day. Here are some answers to questions we have received from readers you might find helpful. P...
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Calendar & Events
Calendar & Events, Feature...
Calendar & Events
July 2-16, 2026
July 1, 2026
EDITOR'S NOTE: All events are subject to change, given the state of emergency and the Gold Mountain Fire. Thursday, July 2 Ridgway Concert Series: Levi Platero with opener Shelby Means, free concert i...
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