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.

News
No-idling ordinance stalls after months of debate
By LIA SALVATIERRA 
May 14, 2026
“Idle-Free Ridgway” remains a motto, rather than a rule after the town council voted down final approval for an anti-idling ordinance that drew zealous support and opposition over the past five months...
this is a test
Ouray childcare model a blueprint for others
Main, News...
Ouray childcare model a blueprint for others
A year after two daycares opened within affordable housing development, builder looks to replicate template in three other cities
By Lia Salvatierra lia@ouraynews.com 
May 13, 2026
The solution to the statewide childcare shortage might be here in Ouray County, where a blueprint for building childcare-ready affordable homes was drafted. It’s been a little more than a year since t...
this is a test
Main, News...
County tests: No mold problem in meeting rooms
After commissioner claims 'toxicity,' manager says 4-H, courthouse spaces safe to use
By Lia Salvatierra lia@ouraynews.com 
May 13, 2026
Ouray County commissioner meeting rooms don’t have a mold problem, according to testing ordered after Commissioner Lynn Padgett said the facilities caused her to feel sick and used it as justification...
this is a test
Beefed-up alpine ranger program returns
News
Beefed-up alpine ranger program returns
State grant allows county to add sixth ranger to patrol backcountry, focus on safety, education
By Lia Salvatierra lia@ouraynews.com 
May 13, 2026
Ouray County’s alpine ranger program is back and bigger this year with the help of a state grant. The public will see alpine rangers patrolling areas including Yankee Boy Basin, Imogene Pass and the A...
this is a test
Two candidates vie for seat on San Miguel Power board
News
Two candidates vie for seat on San Miguel Power board
Election to represent Ridgway, Log Hill contested for first time since 2014
By Lia Salvatierra lia@ouraynews.com 
May 13, 2026
For the first time in more than a decade, there’s a contested election for the District 6 seat on the San Miguel Power Association board of directors, representing all of Ridgway, much of Log Hill and...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Savage would bring expertise, connection to SMPA board
By Dear Editor: 
May 13, 2026
As San Miguel Power Association District 6 members prepare to vote, for the first time in quite some time we have a choice between two excellent candidates. I encourage members to take a close look at...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
War to peace: rebranding the San Juans
Columns, Opinion...
War to peace: rebranding the San Juans
By Carolyn Snowbarger 
May 13, 2026
For decades, the San Juans were valued primarily for what could be pulled out of them. These mountains were a brutal, dangerous locale defined by the extraction of silver, gold and other metals. As Wo...
this is a test
Looking Back
News
Looking Back
May 13, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago May 12, 1966 Toby is back in town. Proof of it is that Johnny Johnson of the Western ...
this is a test
News
Sex assault suspect to plead guilty to reduced charge
May 13, 2026
One of three men charged with sexually assaulting a then-17-year-old girl in Ouray County in 2023 has agreed to plead guilty to a reduced charge. Ashton Whittington, who was originally charged with a ...
this is a test
News
Commissioners hedge on compensation requests
By Lia Salvatierra lia@ouraynews.com 
May 13, 2026
A Ouray County employee rescinded a request Tuesday to be paid for the hours she spent outside her regular work week helping run the 4-H Event Center and Fairgrounds. Commissioners spent roughly 45 mi...
this is a test
News
Evacuation exercise in Elk Meadows kicks off Friday
May 13, 2026
Between 40 and 60 volunteers and dozens more officials are preparing for Ouray County’s first emergency evacuation exercise in Elk Meadows southwest of Ridgway on Friday. The event will simulate what ...
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