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.

Ridgway to grow capacity to fight wildland fires
Main, News...
Ridgway to grow capacity to fight wildland fires
Additional staff, engine can enhance skills, create more revenue
By Lia Salvatierra lia@ouraynews.com 
December 3, 2025
Ridgway’s wildland firefighters have mopped up hotspots in Nevada, fought wildfire on the front lines in California and protected structures at home in Colorado. Since the Ridgway Fire Protection Dist...
this is a test
Main, News...
County chops event center operations to aid budget
By Lia Salvatierra lia@ouraynews.com 
December 3, 2025
Ouray County is performing triage on its 2026 budget as 2025 revenues are coming in lower than expected, placing even more pressure on the county’s general fund savings. County leaders have been worki...
this is a test
New council’s first task: Fill vacancies
News
New council’s first task: Fill vacancies
December 3, 2025
After soliciting applications, councilors to interview, pick appointments Jan. 5 By Mike Wiggins mike@ouraynews.com Ouray city leaders swore in a new mayor and city councilor Monday night, then turned...
this is a test
News
Slow start to snow season
Wave of storms helps, but snowpack in San Juans well below normal
By Mike Wiggins mike@ouraynews.com 
December 3, 2025
A series of post-Thanksgiving storms delivered desperately needed snow to the moisture-starved San Juans, but snowpack at the start of December remains well below average in Ouray County and the surro...
this is a test
News
SEASON OF SHARING
Ridgway Ouray Community Council
December 3, 2025
Editor's note: The Ouray County Plaindealer is continuing its tradition of featuring nonprofit organizations based in Ouray County, serving Ouray County in a series of profiles called Season of Sharin...
this is a test
News
Snowpack lagging in San Juans
December 3, 2025
A recent series of storms helped boost the paltry snowpack in the San Juans, but the amount of water in that snowpack in the Gunnison River Basin — known as snow-water equivalent — is still among the ...
this is a test
ePaper
coogle_play
app_store
ePaper
coogle_play
app_store
Editor Picks
Letters, Opinion...
LETTER TO THE EDITOR
‘Timeout’ for Padgett sends bad message
By Dear Editor: 
December 3, 2025
We don’t put women in timeout; we put children in timeout. When you put a woman in timeout, you are putting her voice in timeout; telling her to go be quiet and that she should be seen and not heard. ...
this is a test
Governor’s silence on Tina Peters is baffling
Columns, Opinion...
GUEST EDITORIAL
Governor’s silence on Tina Peters is baffling
December 3, 2025
I do not know why Gov. Jared Polis keeps playing footsy with Tina Peters and President Donald Trump. Apparently neither does any other serious individual engaged in Colorado’s election system. Since T...
this is a test
Letters, Opinion...
LETTER TO THE EDITOR
Nauer’s ‘timeout’ idea is a non-starter
By Dear Editor: 
December 3, 2025
Had I not participated in scores of Ouray County Board of County Commissioners' and Planning Commission meetings, that Commissioner Lynn Padgett was elected or appointed to, I may have felt differentl...
this is a test
Looking Back
News
Looking Back
December 3, 2025
Compiled from the files of The Ouray County Herald, The Ridgway Sun, and The Ouray County Plaindealer 60 Years Ago December 2, 1965 A proposal to trade lands adjacent to the Radium Springs swimming po...
this is a test
Spotlight on the Arts: The First Little Free Art Gallery in Ridgway
News
Spotlight on the Arts: The First Little Free Art Gallery in Ridgway
By By Ariel Hessler Special to the Plaindealer 
December 3, 2025
Inside Karen and Floyd Day’s home, the walls are covered in art. Both Karen and Floyd are longtime artists, and the walls of their home show the evidence. Large and colorful abstract depicting horses,...
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