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.

Fire surges into Cimarrons
Main, News...
Fire surges into Cimarrons
Evacuations expand, forest closes as forecast offers little relief
By Mike Wiggins and Erin McIntyre mike@ouraynews.com erin@ouraynews.com 
July 1, 2026
A wildfire that started as a wisp of smoke on a cliffside just north of Ouray last weekend exploded to more than 15,000 acres by Wednesday, driven by winds north to the Cimarron Range east of Ridgway....
this is a test
Main, News...
City curtails holiday events
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Fourth of July events in Ouray will be scaled back this year in response to the Gold Mountain Fire, with the July 3 fire department benefit concert and the Independence Day parade and kids’ games a go...
this is a test
Blaze forces evacuations, destroys family cabin
News
Blaze forces evacuations, destroys family cabin
No word when owners will be able to return
By By Mike Wiggins, Erin McIntyre and Deb Hurley Brobst mike@ouraynews.com erin@ouraynews.com 
July 1, 2026
Rachel Nichols helped Russell McCrady when he needed emergency treatment for his dog. Little did she know he would return the favor when she and her husband encountered their own emergency, after they...
this is a test
Fire crashes wedding party
News
Fire crashes wedding party
Forced to flee, Denver-area couple improvises, moves celebration
By Mike Wiggins mike@ouraynews.com 
July 1, 2026
The navy blue suit was ready for James Lindaman to attach his great-grandfather’s Air Force airman’s pin to the lapel. Michelle Lindaman spent months arranging every detail of her wedding, from the fl...
this is a test
Looking Back
News
Looking Back
July 1, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago July 7, 1966 Dynamite charges started Ouray’s Independence Day Celebration with a ban...
this is a test
News
In light of staff survey, commissioners vow to govern better, improve pay
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Ouray County commissioners responded to the good, the bad and the ugly from the “2026 Employee Viewpoint Survey,” saying they were pleased county employees said they generally like their jobs, committ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Towns must tighten taps, but shortages could have been worse
By By Jerd Smith Fresh Water News 
July 1, 2026
Historic water shortages are drying out the scenic mountains that anchor Colorado’s tourist economy, prompting the state to issue emergency orders earlier this month allowing water to be shifted to th...
this is a test
News
Q&A: Gold Mountain Fire
By Plaindealer Staff Report Plaindealer@ouraynews.com 
July 1, 2026
The emergency response to the Gold Mountain Fire has been sudden and information is changing from day to day. Here are some answers to questions we have received from readers you might find helpful. I...
this is a test
Calendar & Events
News
Calendar & Events
July 1, 2026
Thursday, July 2 Ridgway Concert Series: Levi Platero with opener Shelby Means, free concert in Hartwell Park, 6 p.m. No dogs or outside alcohol allowed. "The Naked Gun" film, doors open at 6:30, film...
this is a test
Animal shelter evacuating due to Gold Mountain Fire
News
Animal shelter evacuating due to Gold Mountain Fire
Emergency foster homes needed for animals
By erin@ouraynews.com 
July 1, 2026
UPDATE at 3 p.m. Wednesday – ALL THE ANIMALS HAVE BEEN EVACUATED Second Chance Humane Society is evacuating today due to the Gold Mountain Fire now burning east of Ridgway. The shelter, located on Cou...
this is a test
July 4 water fights canceled, but parade decision in limbo
News
July 4 water fights canceled, but parade decision in limbo
By Deb Hurley Brobst Special to the Plaindealer 
July 1, 2026
Ouray businesses and residents will have to hold their collective breath awhile longer until city officials decide whether the Fourth of July parade will go on as usual. City officials will announce b...
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