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.

Pilot dies in reservoir crash
Main, News...
Pilot dies in reservoir crash
Accident under investigation; man honored with procession
By Mike Wiggins mike@ouraynews.com 
July 15, 2026
An experienced firefighting pilot who was pulling water from Silver Jack Reservoir to battle the Gold Mountain Fire died Sunday when his helicopter plunged into the reservoir northeast of Ridgway. Nic...
this is a test
Heights, heat add to firefighters’ strain
Main, News...
Heights, heat add to firefighters’ strain
By By Chart Riggall chart@ouraynews.com 
July 15, 2026
Hotshot Jesse Eaves calls it “The Great Race.” At the small tent city along U.S. Highway 550, Eaves starts each day with a 5 a.m. wakeup call. Thus begins an eight-minute sprint for him and his Califo...
this is a test
News
County approves hiring fire recovery manager — if it can find funding
By Mike Wiggins and Deb Hurley Brobst mike@ouraynews.com 
July 15, 2026
Ouray County intends to hire an employee who can help lead the county’s efforts to recover from the Gold Mountain Fire — assuming it can find funding. County commissioners on Tuesday unanimously agree...
this is a test
News
Trust, county close to conserving open space park
Grants, donations put nonprofit on brink of acquiring Silver Mountain Mine property
By Deb Hurley Brobst Special to the Plaindealer 
July 15, 2026
Ouray County is much closer to getting a new open space park on the Silver Mountain Mine property. The Trust for Land Restoration has received a $180,000 Great Outdoors Colorado grant. Couple that wit...
this is a test
Man gets probation, community service in sex assault case
News
Man gets probation, community service in sex assault case
One of three defendants, Whittington admits to giving alcohol to minor
By Mike Wiggins mike@ouraynews.com 
July 15, 2026
A former Ouray County man was sentenced Monday to one year of unsupervised probation for providing alcohol to a then-17-year-old girl who said she was sexually assaulted by two others at the former Ou...
this is a test
Letters, Opinion...
Thank you, helpers
July 15, 2026
Dear Editor: A word of gratitude: These last days since the Gold Mountain Fire started on June 27 have been hard for us, individually and as a community. During times of strife and difficulty a wise m...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTERS TO THE EDITOR
Thank you, firefighters
July 15, 2026
Dear Editor: Thank you is a simple phrase most of us use every day. However, now "thank you" just doesn’t seem adequate for our firefighters and first responders. Thank you for saving our town, our ho...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Dead trees need removal
July 15, 2026
Dear Editor: On the evening of June 27 my wife, Lori, and I evacuated our home in unincorporated Ouray County and drove to Montrose due to the Gold Mountain Fire. All afternoon we watched from my fron...
this is a test
Letters, Opinion...
City has known issues with gym for years
July 15, 2026
Dear Editor: I would like to clarify some points made in the Plaindealer's article, “Following outcry, Ouray seeks gym solutions," from the July 9 edition. First, it was “acknowledged that the city di...
this is a test
Chimney Rock stands as sentinel in smoke
Columns, Opinion...
Chimney Rock stands as sentinel in smoke
By Carolyn Snowbarger 
July 15, 2026
If you look east from Ridgway, the view of the Cimarron Range is usually a masterpiece of sharp, clear angles. At the center of it all stands the unmistakable spire of Chimney Rock. Together with its ...
this is a test
Looking Back
News
Looking Back
July 15, 2026
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago July 14, 1966 Reports early this week on the results of four days of mosquito sprayin...
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