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.

Inmon sentenced to prison in sex assault case
Main, News...
Inmon sentenced to prison in sex assault case
By Erin McIntyre 
June 5, 2026
A Ridgway man convicted of sexual assault by a Ouray County jury will spend at least four years in prison. Jeffrey Michael Inmon, 48, was convicted in a four-day jury trial in April. Jurors deliberate...
this is a test
Second Chance adopts new challenge in expansion
Main, News...
Second Chance adopts new challenge in expansion
Humane society takes over Delta shelter, seeks to rehome more animals
By Lia Salvatierra lia@ouraynews.com 
June 3, 2026
Second Chance Humane Society is adopting a new beast: another Western Slope animal shelter in Delta. The Ridgway-based nonprofit organization officially took the reins of the Delta Animal Shelter on M...
this is a test
Main, News...
Staff criticizes commissioners
Survey: Workers satisfied with bosses
By Lia Salvatierra lia@ouraynews.com 
June 3, 2026
Ouray County’s employees are largely happy with their direct supervisors and department heads and dissatisfied with the Board of County Commissioners, according to a recent anonymous staff survey. Som...
this is a test
Main, News...
City reverses, will stick with sheriff for now
Council concerned about budget impacts from rebuilding police department
By Mike Wiggins mike@ouraynews.com 
June 3, 2026
The Ouray City Council is reversing course on rebuilding an independent police department, agreeing Monday to instead continue to rely on the Ouray County Sheriff’s Office for law enforcement services...
this is a test
Board: Ice Park at ‘inflection point’
News
Board: Ice Park at ‘inflection point’
Seeking help from city, nonprofit claims funding sources drying up as operational costs climb
By Mike Wiggins mike@ouraynews.com 
June 3, 2026
The nonprofit organization that runs the Ouray Ice Park cautioned Monday that it has reached a crossroads, saying its operational costs continue to climb even as its funding sources are saturated. In ...
this is a test
News
Crystal bill passes House
Legislation to transfer reservoir to city moves on to Senate committee
By Lia Salvatierra lia@ouraynews.com 
June 3, 2026
A bill to transfer Crystal Reservoir to the city of Ouray is another step closer to becoming law after the U.S. House of Representatives unanimously passed it on Tuesday. The legislation now awaits ap...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Ridgway Library aims to boost access to resources
Board identifying other priorities in creation of strategic plan
By Lia Salvatierra lia@ouraynews.com 
June 3, 2026
The Ridgway Public Library is homing in on its priorities for future years in a strategic plan that the board of trustees aims to adopt this fall. Top priorities include broadening access to the libra...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Medics, rescuers provided best of care
June 3, 2026
Dear Editor: A huge thank you to our incredible Ouray County Emergency Medical Services and our volunteer Ouray Mountain Rescue Team for taking such good care of me when I took a bad fall last Thursda...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Advocacy is about preserving historic character, public health
June 3, 2026
Dear Editor: I was pleased to see an article in the Plaindealer about people exercising their right as American citizens to address their representatives via letters to City Council. It is obvious tha...
this is a test
A Plaindealer promise: to be human-powered
Columns, Opinion...
FROM THE PUBLISHER
A Plaindealer promise: to be human-powered
By Erin McIntyre 
June 3, 2026
We used to be able to say, “Seeing is believing.” Now we’re learning to be more discerning about images and videos we see posted online. We’re counting people's fingers in photos, looking for clues ti...
this is a test
Looking Back
News
Looking Back
June 3, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago June 2, 1966 Last week Dr. and Mrs. Lester Heidorn and Mostyn Lupher filed a complain...
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