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.

Best feathers forward
Main
Best feathers forward
August 19, 2026
this is a test
Bear activity ramping up
News
Bear activity ramping up
Second bruin killed in a week after several conflicts, entering home
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
State wildlife officials killed a young, female bear that entered a Ridgway home last weekend after days of conflicts and at least one incident with the bear killing chickens. Colorado Parks and Wildl...
this is a test
Main, News...
Police admin assistant resigns, blasts city
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
The Ouray Police Department's administrative assistant has resigned, leaving the office with one remaining employee assigned to desk duty. The resignation comes just after the city's response to a civ...
this is a test
News
Disaster relief tax moves closer to ballot
Ouray, Ridgway councils negotiate for larger share of revenue; use tax for roads all but ruled out
By Mike Wiggins and James Hanlon 
August 19, 2026
A proposed countywide sales tax to address fires, floods and other natural disasters appears to have a clear path to the November ballot, while a potential use tax on construction materials to raise m...
this is a test
County road superintendent arrested on suspicion of DUI
News
County road superintendent arrested on suspicion of DUI
By James Hanlon 
August 19, 2026
Ouray County Road and Bridge Superintendent Ty Barger was placed on paid administrative leave Monday following a driving under the influence arrest in Montrose Aug. 14. Crew Chief Don Castle has been ...
this is a test
News
Ouray won’t join fire authority
By Mike Wiggins mike@ouraynews.com 
August 19, 2026
Council cites unanswered questions, concerns about consolidation A proposal to consolidate all of Ouray County’s fire departments and its emergency medical services into one organization absorbed anot...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Chamber music fest returns to San Juans
Feature
Chamber music fest returns to San Juans
By Erin McIntyre erin@ouraynews.com 
August 19, 2026
World-renowned concert pianist Max Levinson and the Ulysses String Quartet return to Ouray County next week for the Ouray County Performing Arts Guild's 43rd annual San Juan Chamber Music Festival. Th...
this is a test
News
County OKs flood construction contract
By By James Hanlon james@ouraynews.com 
August 19, 2026
Ouray County commissioners awarded Haynes Excavation Inc. the contract for the Emergency Watershed Protection project at a special meeting Monday for certain areas below the Gold Mountain Fire burn sc...
this is a test
News
Ridgway student proposes ‘free box’ for donations
By James Hanlon 
August 19, 2026
A presentation about an idea for a “free box” by a Ridgway National Honor Society student at the Ridgway Town Council meeting Aug. 12 led to lengthy discussion and a $750 contribution to the project, ...
this is a test
Debra Lynn Todd
Obituaries
Debra Lynn Todd
August 19, 2026
November 5, 1953 – August 15, 2026 Debra Lynn Todd, 72, of Ouray, Colorado, passed away on August 15, 2026. She was born November 5, 1953, in Hutchinson, Kansas. She was the daughter of Chester and Ka...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
Aug. 20-Sept. 2, 2026
August 19, 2026
Thursday, August 20 Community book club, noon-1 p.m. at the Ridgway Public Library. Bring lunch and discuss "Whistler" by Ann Patchett. Friday, August 21 Historic True Grit Walking Tour, 3 p.m., free....
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