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.

‘This is the challenge that I needed in my life’
Main, News...
‘This is the challenge that I needed in my life’
Ouray Ice Park's new executive director trims staff, seeks more buy-in from recreational climbers amid financial crunch
By Chart Riggall 
October 21, 2026
In the waning weeks of the 2019 ice climbing season, a 27-year-old Tres Barbatelli stood at the bottom of the Uncompahgre Gorge wondering what he’d just done. Minutes before, he’d rappelled down into ...
this is a test
Police department dissolved
Main, News...
Police department dissolved
Council turns over services to sheriff; remaining employee laid off
By Mike Wiggins mike@ouraynews.com 
October 21, 2026
The city of Ouray terminated the sole employee of its police department and turned over its police services to the Ouray County Sheriff’s Office on Tuesday, officially dissolving a stand-alone law enf...
this is a test
News
Paramedic fired after three months’ leave
Commissioners pause refilling second EMS vacancy
By James Hanlon 
October 21, 2026
A paramedic for Ouray County Emergency Medical Services, who has been on administrative leave since the Gold Mountain Fire, was fired last week after a meeting with county administration went awry. Jo...
this is a test
News
County wraps up draft budget without layoffs
Initial plan leaves five positions vacant, reduces some departmental hours
By James Hanlon 
October 21, 2026
Ouray County’s draft budget for next year proposes five staff reductions from general fund departments – all of which are currently vacant positions. The positions are from administration, the assesso...
this is a test
News
Veteran transport program approved
Veteran transport program approved
October 21, 2026
After resolving concerns about an intergovernmental agreement with San Miguel County, Ouray County commissioners approved a new partnership last week that will transport veterans to medical appointmen...
this is a test
News
Watershed protection project extended
October 21, 2026
The Emergency Watershed Protection project to mitigate debris flows below the Gold Mountain Fire burn area has received a 45-day extension with a new completion date of Nov. 17. Most construction is s...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Log Hill funds never meant to offset deficit
By Randy Olin 
October 21, 2026
Dear Editor: I strongly disagree that the Board of County Commissioners be able to tap into or use monies/funds that were paid by and belong to the residents of Log Hill Village, and designated specif...
this is a test
Letters, Opinion...
Voters deserve better than Congressman Hurd
By Dave Underwood 
October 21, 2026
Dear Editor: As we approach the November election, we’ll doubtless be hearing a lot about U.S. Rep. Jeff Hurd’s commitment to local issues. His mailers will almost certainly feature the congressman du...
this is a test
Letters, Opinion...
Weiser committed to CO
By Tom Heffernan 
October 21, 2026
Dear Editor: Phil Weiser is deeply committed to justice and public service. The son and grandson of Holocaust survivors, he will be willing to fight for the American dream. Phil has made it a priority...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Who’s funding statewide measures?
By Carolyn Dresler 
October 21, 2026
Dear Editor: We have seven amendments and seven propositions on our Ouray County ballot. Amendments 81, 82, 83, 84, 85 and 86 and propositions 132 and 136 have as registered agents people from the Wes...
this is a test
Looking Back
News
Looking Back
October 21, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago October 20, 1966 A parent-teacher day was introduced into Ouray schools Oct. 14. This...
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