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
High court overrules county judge
Photo by Africa Studio/AdobeStock
Main, News
By Erin McIntyre erin@ouraynews.com on October 2, 2024
High court overrules county judge
Evidence can be used in alleged sex assault case involving ex-police chief's home

The Colorado Supreme Court has overturned a county court judge’s decision to punish the district attorney’s office for not following evidence rules and prohibit evidence not provided to the defense by deadline from being used for a preliminary hearing in a sexual assault case.

In a 5-2 decision handed down Monday, the state Supreme Court justices ruled County Court Judge Sean Murphy abused his discretion and didn’t adequately support his decision to prevent the prosecution from including evidence in the preliminary hearing for Ashton Whittington.

The ruling removes the pause that has been in place for the case since late March, when Whittington was supposed to have that preliminary hearing.

Whittington is accused of giving a 17-year-old girl alcohol at his own 18th birthday party.

The woman told law enforcement she was sexually assaulted by two others at this party at the former Ouray police chief’s home in 2023.

The decision to overturn the county court judge’s decision is significant not only in Whittington’s case, but also for the cases of his co-defendants, Gabriel Trujillo and Nathan Dieffenderffer, the former police chief’s stepson.

Whittington has been charged with a class 2 misdemeanor for allegedly providing alcohol to the underage woman, a class 4 felony for contributing to the delinquency of a minor and a class 3 felony sexual assault. At this point the prosecution has not produced any evidence suggesting Whittington actually sexually assaulted the woman, but his arrest affidavit indicates he was present when she said the others committed the crime.

The state Supreme Court’s ruling means the prosecution can use all the evidence it has disclosed to the defense in an upcoming preliminary hearing, which requires the prosecution to show the court it has enough evidence to move forward with a trial.

The state has rules governing how evidence should be disclosed in court – the Colorado Rules of Criminal Procedure. The rule in question here is referred to as “rule 16,” requiring the district attorney’s office to hand over evidence to the defense it planned to use within 21 days of filing charges against Whittington. In this case, that means everything should have been provided to the public defender’s office by Jan. 17.

While the prosecution gave some evidence to the defense on Dec. 27, 2023, shortly after Whittington’s arrest, it did not hand over the rest within the 21-day window required by the state rules.

Instead, there were four more sets of evidence handed over in February and March. The justices noted in their decision that some of that evidence was in the hands of the prosecution during the 21-day disclosure window and it was not handed over. The high court also noted some of the evidence had errors prohibiting access, including broken links.

The dispute over the evidence escalated in February, when Whittington’s attorneys asked for evidence including a Snapchat video recovered from his phone, which the prosecution claimed supported the charges in his case, according to court records. Whittington’s attorneys also asked for body-worn camera footage of the search of the former police chief’s home, the alleged crime scene.

Whittington’s attorneys asked for this evidence again after his preliminary hearing was postponed until March.

About 90 minutes before the rescheduled preliminary hearing was set to begin on March 13, the prosecution handed over 11 videos, including the requested bodycam footage and a video interview with one of the codefendants, according to court records. Then seven more videos were provided to the defense.

At this point, when the prosecution provided this fifth set of evidence long after the 21-day deadline had passed, Chief Public Defender Patrick Crane filed a motion to dismiss Whittington’s case or impose sanctions on the district attorney’s office, citing concerns about a pattern of behavior with the district attorney’s office breaking evidence disclosure rules. In his motion, he specifically referenced 37 prior discovery violations committed by the district attorney’s office.

Though Murphy said he didn’t think the late or missing evidence was a result of any bad intent, he imposed a sanction on the prosecution, ruling that any evidence that wasn’t provided in the original 21-day window couldn’t be used in the preliminary hearing.

The hearing continued with one witness called to the stand, and then Murphy postponed the rest of the hearing.

The district attorney appealed Murphy’s decision two days after he made the ruling.

The justices did not hear oral arguments in the case and issued the ruling Monday without warning. In their written ruling, they ruled Murphy’s decision conflicted with a trial court’s duty to avoid using sanctions that exclude evidence from cases, calling it a “drastic remedy that may affect the outcome of the trial, provide a windfall to the party against whom the evidence would have been offered, or otherwise hinder the search for the truth.”

It cited concerns that excluding evidence “may tend to cut against the primary purpose of the discovery rules – to reveal the truth.”

The justices also said Murphy himself did not establish there was a pattern of discovery violations in the district attorney’s office, despite Crane’s allegations.

Main, News...
EMS plans to shift staff, save costs
Chief seeks to rely less on higher-paid paramedics
By Lia Salvatierra lia@ouraynews.com 
February 11, 2026
Ouray County Emergency Medical Services wants to implement a new staffing structure this spring to save costs and prepare for a combined fire and emergency services authority. During a Jan. 28 work se...
this is a test
Formerly a cash cow, bloom wilts on cannabis
Main, News...
Formerly a cash cow, bloom wilts on cannabis
Industry slump marked by reduction in wholesale flower prices leaves just one grow facility in county, shaves local government tax revenue
By Lia Salvatierra lia@ouraynews.com 
February 11, 2026
Editor's note: This story has been corrected to reflect that Michael Cox is the former general manager for Dalwhinnie Group, the landlord for Dalwhinnie Farms. The cannabis industry’s downturn has rea...
this is a test
News
County navigating federal assistance program changes
Human Services seeks to avoid burdening families with creation of regional hubs
By Deb Hurley Brobst Special to the Plaindealer 
February 11, 2026
Ouray County officials are working to figure out what it will mean for clients needing food and other assistance when the Colorado Department of Human Services consolidates resources by creating multi...
this is a test
News
Crosswalk project bids over budget
City could cut costs or seek more money from state
By Mike Wiggins mike@ouraynews.com 
February 11, 2026
Ouray city officials are weighing next steps after a trio of bids to build a pair of pedestrian crosswalks and other improvements at either end of town exceeded the project budget. Public Works Direct...
this is a test
Wine Fest returns to Ouray
Feature
Wine Fest returns to Ouray
By Plaindealer Staff Report Plaindealer@ouraynews.com 
February 11, 2026
The fourth annual Ouray Winter Wine Festival just happens to fall on Valentine's Day this year. And that means not only will there be wine — there will be flowers, chocolate and more goodies to help s...
this is a test
Columns
LETTERS TO THE EDITOR
Avoid idling cars, make street pedestrian mall
February 11, 2026
Dear Editor: On a beautiful, warm winter day I propped open the front door of the Decker Room at the Art Space on Clinton Street. My intention was to invite in the sun and any passersby who might be e...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Seeing isn’t always believing: Improve your news literacy on Feb. 22
Columns
Seeing isn’t always believing: Improve your news literacy on Feb. 22
By Erin McIntyre 
February 11, 2026
"I'll believe it when I see it" and "seeing is believing" are two phrases that haven't aged well. Nowadays, I'm skeptical of videos friends send me, photos that look like someone manipulated them and ...
this is a test
How science fiction, silver built Mount Sneffels
Columns, Feature...
How science fiction, silver built Mount Sneffels
By Carolyn Snowbarger 
February 11, 2026
For those of us lucky enough to step onto our decks or open our front doors to a view of the northern San Juans, one silhouette dominates the horizon: Mount Sneffels. Known as the "Queen of the San Ju...
this is a test
Senior’s work ethic pays off with superb season
Columns, Feature...
Senior’s work ethic pays off with superb season
By By Bernie Pearce Special to the Plaindealer 
February 11, 2026
The majority of high school student-athletes in Ouray County are headed on a post-graduation pathway in a career in something other than sports. But for some, their drive to excel extends to a desire ...
this is a test
Calendar & Events
Calendar & Events, Feature...
Calendar & Events
February 11, 2026
Thursday, February 12 Tech Thursday – Get help with quick tech problems from 4-6 p.m. at the Ridgway Public Library, 300 Charles St. Walk-ins welcome. After school Valentine's Day craft time for eleme...
this is a test
New county manager seeks to lead with heart
Main, News...
New county manager seeks to lead with heart
After careers in big cities and large governments, Antonio Mendez is shifting his perspective
By Lia Salvatierra lia@ouraynews.com 
February 4, 2026
Ouray County is unlike most places Antonio Mendez has lived or worked before, and Mendez brings experience unlike the county has seen in two decades, or possibly ever. Ouray County’s new manager grew ...
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