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.

Popular trail needs new steward
Main, News...
Popular trail needs new steward
Uncompahgre Riverway Trail founder, longtime volunteer ready to step down
By James Hanlon 
September 23, 2026
Chip Marlow, the man who spearheaded the construction of the Uncompahgre Riverway Trail from Ridgway to Ridgway State Park, has maintained the multiuse path largely by himself for many years. Now 80 y...
this is a test
Main, News...
‘Super El Niño’ won’t be savior for West Slope
Officials: Warming Pacific temps may bring more snow but won't wipe out drought or fill reservoirs
By Chart Riggall 
September 23, 2026
GRAND JUNCTION — Amid a stream of bad news for Western Slope water stakeholders last week, Russ Schumacher had the pleasure of opening the sluice. Nearly on the far side of the state’s worst drought y...
this is a test
Judge to hotel: End workforce housing
Main, News...
Judge to hotel: End workforce housing
Injunction prohibits MTN Lodge from housing resort construction workers
By James Hanlon 
September 23, 2026
A district court judge has ordered Ridgway's largest hotel to stop housing construction workers who are building a new Four Seasons in Mountain Village. In a preliminary injunction filed Sept. 16, the...
this is a test
Investigators close case on mine shaft death
Main, News...
Investigators close case on mine shaft death
Nearly a year later, authorities conclude Ridgway resident Jennifer Nelson accidentally drowned
By Erin McIntyre erin@ouraynews.com 
September 23, 2026
Eleven months after rescue volunteers found Jennifer Nelson's body in a water-filled mine shaft on Red Mountain Pass, investigators are left wondering what her final moments looked like. Their case, w...
this is a test
City ready to cut losses with building
News
City ready to cut losses with building
More than a year after purchase, council tells staff to sell empty Sixth Avenue property for reduced price
By Mike Wiggins mike@ouraynews.com 
September 23, 2026
When the two-story building across the street from Ouray City Hall went up for sale last spring, Ouray city leaders scrambled to buy it, envisioning a top-tobottom renovation culminating in a new, lar...
this is a test
News
Board recommends denial of Pleasant Valley subdivision for teacher housing donation
By James Hanlon 
September 23, 2026
An attempted act of generosity began to fall apart when the Ouray County Planning Commission recommended Ouray County commissioners deny a request to subdivide a parcel of land in Pleasant Valley that...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
News
Ouray to evaluate cost of fixing bathhouse
Contractor will be paid $85K to assess facility condition
By Mike Wiggins mike@ouraynews.com 
September 23, 2026
The city of Ouray will spend up to $85,000 to evaluate the condition of the Ouray Hot Springs Pool bathhouse and determine what it would cost to remodel the facility. A divided Ouray City Council info...
this is a test
News
County widens search for more disaster aid
Feds den y grant request to protect public infrastructure
By Chart Riggall 
September 23, 2026
Ouray County officials must renew their search for additional disaster aid after the federal government dashed their hopes for another significant potential funding source this week. Despite previousl...
this is a test
Letters, Opinion...
LETTERS TO THE EDITOR
With inflated spending, commissioners break faith of voters, staff
By J Gary Dunn 
September 23, 2026
Dear Editor: It is not surprising that Ouray County finds itself in a financial bind because of profligate spending. The pandemic greatly increased visitation to Ouray County and sales tax revenue has...
this is a test
Letters, Opinion...
Areas beyond Blue Lakes deserving of protection
By Kim Shinew 
September 23, 2026
Dear Editor: I would like to thank the previous contributors for sharing their thoughts regarding the use of off-road/off-highway vehicles (ORVs/OHVs) in the backcountry, specifically around Camp Bird...
this is a test
Looking Back
Feature
Looking Back
September 23, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago September 22, 1966 Lady Bird, the tiny mule colt foaled by a Shetland pony, is dead, ...
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