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News
By Mike Wiggins mike@ouraynews.com on February 19, 2025
Judge: Teen to be tried as adult due to severity, impact of alleged sex assault

A judge who ruled that a teenager will stand trial as an adult for alleged sex assault at the former Ouray police chief nearly two years ago largely based his decision on the severity of the alleged crime and its impact on the alleged victim.

In a 10-page order, Seventh Judicial Chief District Judge Cory Jackson ruled that the factors favoring prosecuting 19-year-old Nate Dieffenderffer as an adult outweighed those favoring prosecuting him as a juvenile. His order denied Dieffenderffer’s attorneys’ motion to return the case to juvenile court.

Jackson issued his order on Nov. 6, nearly two months after a series of hearings on whether there was enough evidence for the case against Dieffenderffer to proceed, as well as whether he should be tried as an adult or juvenile. But the judge’s order detailing the reasons for his decision wasn’t released to the public until Jan. 30.

The court kept the order under wraps for nearly three months, citing testimony from medical experts and social workers about Dieffenderffer’s childhood and a directive from the chief justice of the Colorado Supreme Court that allows judges to withhold records containing that information from the public.

Plaindealer co-publisher Erin McIntyre filed a motion on Nov. 14, days after Jackson issued his order. She asked the judge to release the order, noting the testimony that formed the basis for part of Jackson’s ruling had already been presented in open court. Neither prosecutors nor Dieffenderffer’s attorneys opposed the Plaindealer’s motion.

In his order, Jackson pointed to several factors he said favored prosecuting Dieffenderffer as a juvenile. He noted experts testified in September that Dieffenderff er witnessed domestic violence between his parents as a young child, used alcohol and marijuana in middle and high school and was diagnosed with attention-deficit hyperactivity disorder.

Other experts testified about the differences between sex offender treatment in juvenile corrections and adult prison — that Dieffenderffer would likely receive more individualized treatment if he was convicted and sentenced through the juvenile justice system. They said sentencing through juvenile court is more likely to lead to rehabilitation than the adult corrections system.

On other hand, Jackson noted, the alleged sex assault was a violent one, and the community has an interest in punishment that’s consistent with the severity of the crime.

The judge also pointed out that if Dieffenderffer was convicted, he’d be sentenced to the Division of Youth Services for three to five years. But the juvenile system would lose jurisdiction when Dieffenderffer turns 21 in May 2026, leaving little time for him to spend time within the juvenile system and receive the services it offers.

Jackson also noted the impact the case has had on the woman who reported the alleged assault, who was 17 years old at the time.

“This case has generated signifi cant community attention,” Jackson wrote in his order. “The victim herself noted the impact of other alleged sex assaults on the community, and how that influenced her reaction to this incident. Again, she was initially afraid to report to her family and law enforcement. She was reticent to pursue charges or participate in an investigation.

This evinces a strong community interest in eliminating cultural tolerance of sexual assault.”

Ultimately, Jackson ruled, “the gravity of the offense and its impact are difficult to overstate.” “The significance of the alleged sex assault, its impact on the victim, and the community’s broader interests in punishment commensurate with the offense indicate that the Defendant and community are best served by adjudication in District Court,” he wrote in his order.

Dieffenderffer, who has been charged with felony sexual assault in connection with the alleged May 2023 crime, pleaded not guilty last month and is scheduled for a seven-day trial in June. The stepson of former Ouray Police Chief Jeff Wood is the first of three men charged in the case to be scheduled for trial.

Gabriel Trujillo, 21, is scheduled for a preliminary hearing on Feb. 27. Ashton Whittington, 19, is scheduled for a preliminary hearing on May 21.

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