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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.

Firefighters building, reinforcing lines, as high winds return today
News
Firefighters building, reinforcing lines, as high winds return today
By Mike 
June 30, 2026
Firefighters will focus their efforts today on building and reinforcing firelines in an effort to keep the Gold Mountain Fire from spreading south toward Ouray and west toward U.S. Highway 550. A tota...
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Emergency ballots available for primary election
News
Emergency ballots available for primary election
Voters can participate online, turn in ballots at secure ballot boxes before 7 p.m. deadline
By Erin McIntyre 
June 30, 2026
The polls and ballot boxes are open today and the Ouray County clerk wants you to know you have several ways you can vote, given the state of emergency and the Gold Mountain Fire. Ballots for the prim...
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Persistent windy, dry weather hampers firefighters
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Persistent windy, dry weather hampers firefighters
Feds to assume operational control today; Ouray Fourth of July celebration in doubt
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UPDATE, 4:40 p.m.: Firefighters battling the 7,100-acre Gold Mountain Fire on the ground and in the air are focused on preventing the blaze from crossing County Road 14A. Fire crews consider that road...
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Evacuees in limbo as fire grows
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Evacuees in limbo as fire grows
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Dottie Miller hopped online on Friday, running over checklists of items to take with her in the event of an emergency. It’s practically an annual ritual for her, just to make sure she has everything s...
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Ouray cancels Fourth of July fireworks
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Extreme fire danger persists
Main, News...
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Gold Mountain Fire burns as more firefighting resources expected to arrive
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June 28, 2026
Ouray County and southwestern Colorado are under a red flag warning until 10 p.m. today, as forecasters this morning warned gusty winds and low humidity will create dangerous fire weather conditions. ...
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Gold Mountain Fire grows, prompts evacuations north of Ouray
Main, News...
Gold Mountain Fire grows, prompts evacuations north of Ouray
By Mike 
June 27, 2026
Click here to read the NEW, UPDATED STORY POSTED AT 10:20 a.m. Sunday, June 28 here. UPDATE, 11:16 p.m.: A pre-evacuation notice has been issued for County Road 17 from Whispering Pines to Black Lake....
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Sweet sounds of summer
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County to pursue use tax
Likely ballot measure would raise money for roads, EMS
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June 24, 2026
Ouray County voters likely will be asked this fall to approve a use tax on both new vehicle purchases and construction material purchases, with most of the tax dollars going to the county’s Road and B...
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June 24, 2026
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News
Celebration honors past, looks to future
Ranch History Museum marks 20th birthday Saturday with expansion preview
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June 24, 2026
The Ouray County Ranch History Museum is celebrating its 20th birthday with a preview of what it wants to be when it grows up. During a celebration from 11 a.m. to 4 p.m. on June 27, survey stakes and...
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First responders receive first COVID-19 vaccines

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