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.

Pop rock
Main, News...
Pop rock
March 11, 2026
this is a test
Main, News...
Ouray housing project scores federal funding
Nearly $1.5M coming to Waterview, but type of homes in second phase unclear
By Lia Salvatierra lia@ouraynews.com 
March 11, 2026
The Waterview Homes affordable housing project will receive $1.46 million in federal funding to begin a second phase of development, but it's unclear what that next phase will look like. The Ouray Cit...
this is a test
Main, News...
County venue to hire manager
Commissioners agree to pick leader for 4-H Center, fairgrounds, could reopen space in late spring
By Lia Salvatierra lia@ouraynews.com 
March 11, 2026
Ouray County commissioners will hire a salaried manager for the 4-H Event Center and Fairgrounds, rather than an incentive-based position as previously discussed. During a meeting Tuesday, commissione...
this is a test
News
Survey to gauge health care needs, barriers
Assessment, listening sessions to help create community paramedic program
By Lia Salvatierra lia@ouraynews.com 
March 11, 2026
Community members can help reshape how health care works in Ouray County by completing a new survey focused on what’s working and what could be done better. This spring, residents can participate in l...
this is a test
News
County Road 5 to open in early April
March 11, 2026
County Road 5 will open to the public earlier than usual this spring to allow a contractor access to the town of Ridgway’s Beaver Creek diversion system. Ouray County commissioners on Tuesday agreed t...
this is a test
News
Commissioners back watershed rehab
March 11, 2026
Ouray County commissioners have pledged to provide letters of support to the Uncompahgre Watershed Partnership as it looks for funding to rehabilitate drought and mining impacts at the headwaters of t...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Seasonal dozer operator to help clear high country snow
March 11, 2026
Ouray County’s Road and Bridge Department will hire a seasonal dozer operator to work in April and May to help clear high-country roads of snow. The new person will be trained by Rich Williams, the co...
this is a test
Letters, Opinion...
Burn pit would be useful for wildfire mitigation
March 11, 2026
Dear Editor: Not only is a burn pit a good idea, it is a necessity, but not in the way described. Times and codes are changing. The new fire and construction codes will require more area to be cleared...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
Burn pit an idea that should go up in smoke
March 11, 2026
Dear Editor: Today is a rare day. Snow capped mountains with a cloudless sky are not rare, but when the air is also clear, that is rare, because too often smoke fills the Ouray and Ridgway valleys. Th...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
New pool house should include solar array
March 11, 2026
Dear Editor: In none of the large, taxpayer-funded infrastructure projects in the city over the past years — the school, the courthouse complex, the pool, the water plant and the sewer treatment plant...
this is a test
Wyatt Earp’s brief, quiet chapter in the San Juans
Columns, Opinion...
Wyatt Earp’s brief, quiet chapter in the San Juans
By Carolyn Snowbarger 
March 11, 2026
Wyatt Earp wasn’t born a legend. He was an opportunist, a man with a keen eye for the next horizon and a knack for finding — or perhaps stirring up — chaos wherever he set his boots. While history boo...
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