Front Page News

A fairly bizarre news story from the county seat of my recently-former Colorado home not only caught my eye, but quickly spread to national, and now international, headlines.

See Updates

Naturally, the story made it into True for this week:

Full Disclosure

First, I have updated the story since publication regarding Paul Choate. It originally noted that “the Plaindealer said he has no apparent connection to the police chief or the rape case.” I changed that because re-read the newspaper’s statement, which was before he was cited and therefore unnamed.

It reads: “The suspect in this matter is unrelated to any of the defendants in the alleged sex assault case, and unrelated to any law enforcement, including the Ouray Police chief and his department.” So I’ve updated the story to better reflect that. See also a later statement from the newspaper below (23 January 24 Update).

Next: I know the sheriff and undersheriff quite well (which department was called in to investigate the crime, but punted it to state investigators for obvious reasons).

I also somewhat know the police chief mentioned, in that we served on a board together, and he asked me to help with a couple of the department’s radio communications issues.

And I know Erin, the newspaper’s co-publisher, reasonably well, both personally and professionally, and her husband (the other co-publisher) less well. Erin is an awesome bulldog of an investigative reporter; a big fish in a small pond who really turned the local paper around after buying it a few years ago, doing some great work. Erin wrote that front-page story, which is indeed disturbing.

Doing the Job

Some locals are aghast that the paper would report about a sex crime in any sort of detail. The thing is, that same newspaper has run many upset Letters to the Editor about other sex crimes in the county that were either not prosecuted, or the accused was found not guilty, and How Could This Happen?

Yet when the newspaper is finally bought out by a couple who does report on such things, who have the guts to point out the ugly truths, there are complaints about that, too! In fact, her husband filed a police report after receiving a telephoned threat. It’s a thankless job, so I thank Erin (and Mike) for doing it so well.

Because it happens more than anyone thinks, in part because such stories are so often covered up, swept under the rug, or just not investigated (or prosecuted) well. Plus, sometimes the men are actually innocent. And, of course, many victims don’t report the crimes because they don’t want to testify in open court, or think that no one will believe them — and indeed the teen victim in this case figured no one would believe her, either, since it happened at the police chief’s house. But the hospital called the sheriff when she went to the emergency room, and while I fully understand this glare is terribly uncomfortable for her, it at least sounds like there will be some prison time served for this crime.

More About the Case

All three men were arrested on warrants charging sexual assault. Whittington is also charged with providing alcohol to a minor, presumably the victim. All three have been released on $60,000 bond.

The victim said she was willing to report the crime because, she says, she was also raped by Trujillo and Dieffenderffer in the summer of 2021 (I’ll do the math: she was likely only 15; Dieffenderffer was 16 or 17). When she ran from the chief’s house in May, she grabbed a sweatshirt she found to cover herself. It turns out that belonged to the chief; it’s presumably now held as evidence in the criminal case.

Why was she at Dieffenderffer’s house? Because they were celebrating Whittington’s birthday; he had just turned 18, and Dieffenderffer was to turn 18 eleven days later. (Yes, he was thus a juvenile at the time of the rape; I’d be shocked if he was not tried as an adult.) Dieffenderffer was in Kansas because he’s now in the U.S. Army, I’m guessing stationed at Fort Riley in Kansas, since he was arrested by Geary County Sheriff’s deputies.

More about Ouray

Last, all of this is hitting the fan right in the middle of Ice Fest, an annual international ice climbing festival in Ouray’s Ice Park, so the cops are super busy. Yep, the city runs the largest municipal ice-climbing park in, almost certainly, the world. I wrote about that in this blog in 2007 — after I happened to end up in the middle of a climber rescue while there taking photos.

P.S.: If you missed that we moved away from Colorado, see this post.

23 January 24 Update

I’m publishing this statement issued yesterday afternoon by the Plaindealer in its entirety since it answers quite a few questions about its coverage. All emphasis is from the original.

We understand the person who took the newspapers was upset about the story on the sexual assault that allegedly happened at the Ouray police chief’s house. We want to explain a few things to you, in light of Paul Choate’s recent statements, and to correct some misinformation that is circulating.

We want to be transparent with you about how and why we reported this story, even if you disagree with our decision to do so.

We reported this story because it’s important for the community to understand the severity of the allegations of this crime.

This case is a matter of public interest for several reasons – it involves a young woman who says she was raped by more than one suspect in the police chief’s house while he was sleeping upstairs.

It involves alleged underage drinking and drug use, in the police chief’s house. The victim in this case was reluctant to move forward with the investigation and charges because she told investigators she was afraid no one would believe her, citing the people involved, and the potential repercussions.

We included details showing she told investigators this wasn’t the first time she was sexually assaulted by two of the suspects, which is important to know. We obtained these details from public documents filed with the court.

In reporting thoroughly on this story, we needed to convey how serious the allegations were in this case – and the brutality of what was recounted for the investigators.

Others in the community need to be aware of this crime being reported, and of the details. Those people we need to inform include other potential future victims of sexual assault.

We need you to know that, prior to publishing the stories on the alleged rape case, we communicated with a person who has been supporting the victim. She agreed to speak with the victim and provide a copy of the affidavit we received to her, and review the details so the victim would not be surprised by what was coming in the paper. We did this before the story was published. We did not hear anything from the victim before the story was published.

Paul Choate may justify his actions as protective of the victim in this case, and say his motivations for committing a crime were to illustrate that victims’ statements shouldn’t be publicized without their permission. But our conversations with him on the day he returned the newspapers he stole didn’t reflect this mission.

Initially, he accused us of overshadowing stories he deemed positive by putting the sexual assault story on the front page, above the fold.

“I hate to see rape trumping something like skijoring, you know?” he said.

During conversations the day he returned the newspapers, Paul Choate also repeatedly brought up previous stories, criticizing the Plaindealer’s coverage of former Sheriff Lance FitzGerald (who had a series of alcohol-fueled domestic incidents before the voters of Ouray County recalled him with more than 90% of the vote), the Ouray KOA campground (which flouted COVID rules during the pandemic), and the parasite outbreak tied to Taco del Gnar restaurant in Ridgway.

“What you did to the KOA during the pandemic… What you did to Lance (FitzGerald)… you don’t follow up. You don’t do your research. …For you to go in and make basically accusations, there’s no facts to a lot of what you say,” he said.

He became angry during these conversations and said, “I want your little newspaper kiosk off my patio tomorrow.” We informed him he does not own the patio at Kate’s Place restaurant.

Simply put, Paul Choate had a grudge against the Plaindealer before we wrote this story. And when we spoke with him about the newspaper theft, he alternated between saying he was sorry and lashing out against us for doing our jobs.

When we told him we had reached out to a liaison for the victim, providing the affidavit and its details before we published the story, his response was, “Where was my phone call?” We told him he is not the victim in this case.

We considered not reporting his name, for fear of further harm to those involved in the case. But Paul Choate removed that option when he called the largest TV station in Colorado and confessed, and a journalist at that outlet announced he had contacted them and they would report the name after he was cited.

Paul Choate’s decision to steal the newspapers created a situation where he has caused more harm. As a result, the story he didn’t want people to read in a county of 5,000 has reached a national audience. And the Plaindealer has been dragged into a story it would much rather cover than be a part of.

If Paul Choate had seemed truly apologetic, we would have not pursued charges. The fact remains – he tried to prevent others from reading a story about a serious crime reported in Ouray County. It backfired and now that story has spread much farther than it would have, had he not tried to suppress the public’s right to know and the freedom of the press.

We will explain more in a column in this week’s Plaindealer.

Thank you to those who have been supportive of our continued efforts to provide the community with relevant, vital local news coverage.

We sincerely hope the focus of attention can return to the story about the case, instead of the story about how someone tried to prevent others from reading the story.

As An Aside, I was one of the “victims” of the parasitic illness at the local gourmet taco joint mentioned here. The newspaper published my letter to the editor on the subject, and the owners of that restaurant came running up to me a few days later when Kit and I went back in to eat as a show of support. They offered us a free meal; I refused, telling them that we knew their business took a hit, and we were there to support them the way it really matters to a business: with our paid patronage.

With that, my letter:

Dear Editor:
While I don’t dispute the right of anyone to file a lawsuit when they feel wronged, I’m still disheartened by your report of two suits against Taco del GNAR, as I consider them to be victims of their supplier(s) — the “John Does” — who let them down, just as the affected diners were victims and let down. After all, as you report, “Cyclospora outbreaks are typically the result of contamination during growing or shipping produce, rather than poor food handling or cleaning practices.” That doesn’t spell negligence on GNAR’s part to me.

I speak as one of those affected diners: I had lunch at GNAR during that time; I was wondering what was going on with my gut 10-ish days later as I did get sick. Once I saw the reports, I put two and two together and got antibiotics, which quickly fixed me up. Yes, it was quite uncomfortable for a bit. But considering how rough our local restaurants have had it through the pandemic and the “great resignation,” I’ve already been doing all I can to support them, including returning to Taco del GNAR as this event does not reflect on them. I hope others will join me.

Randy Cassingham
Log Hill Mesa

Speaking as someone who has been involved in some way or another in many events that made local news, I don’t recall ever feeling that the current publishers of the Plaindealer have been unfair in coverage I’ve read in their pages.

Other Updates

• On January 29, with many in the community calling for the resignation of Police Chief Jeff Wood, the Ouray City Manager put him on an indefinite-term paid administrative leave. The community is riled that he has not made any statement, but it would probably be inappropriate for him to do so since it is not his investigation. (Source)
• I mentioned in my commentary that I’d be “shocked” if Dieffenderffer was not tried as an adult. In early February, the prosecutor indeed charged him as an adult, replacing the earlier charge as a juvenile. (Source: Plaindealer, 8 February 2024)
• An Open Records Request by the Plaindealer found that Chief Wood commented to two media outlets requesting information: the New York Post and CNN. In an email, he told the Post that “I anticipate being called as a witness at trial so I feel it is not appropriate to comment on the plausibility of the young lady’s allegations at this time.” He expanded on that point in an email to CNN, calling the newspaper thief “utterly incompetent” as the story “had already appeared online, [so] what could possibly be gained from stealing hard copies?” He continued, “The only statement I can make about the rape allegations themselves is that I was first made aware of them approximately two months after the incident was alleged to have occurred.” Meanwhile, he refused to comment at all to the local newspaper. (Plaindealer,  22 February)
• Text messages with Ouray City Counselor Peggy Lindsey were also released. One resident told her that Wood should be placed on leave. “I doubt you ever see him in a uniform again,” Lindsey replied. “It’s too small of a town to overcome this, I think.” The resident replied, “Can’t police the City if you can’t police your own house.” Lindsey replied, “Exactly.” Quite a few texts show residents are seemingly quite united in being against Wood ever returning to the job. (Plaindealer,  22 February)

• 

  Ouray City Counselor Peggy Lindsey was mighty unhappy that her text messages went public. (By law, they are considered public record in Colorado because she is an elected official using said medium to conduct city business.) “What goes around comes around and you haven’t seen yours yet, but it is coming,” she said in a mailed note to the newspaper publishers. “May your days be numbered.” My Take: Lindsey’s conduct as a public official is outrageous, and she should resign.

  In a public statement, the newspaper publishers commented, “Peggy Lindsey is representing you, residents of Ouray. And she didn’t want you to know this is how she was representing you, through these kinds of communications, as an elected leader. The bottom line is public business should be done in public. Pure and simple. When that’s not done, sometimes those who get caught lash out at the messenger — that pesky watchdog keeping the public informed. And sometimes, they try to threaten and intimidate. It’s not going to work.” For the record, I don’t recall ever meeting or interacting with Lindsey. (Plaindealer, 20 March)

17 April 2024 Update

Citizens of Ouray are impatient that Police Chief Wood is drawing his $134,000 salary (plus benefits), and are signing onto a letter calling for his resignation, the Plaindealer reported this week.

While praising Wood “with a high degree of sincerity and competence, born out of many years of public service,” it points out a pattern of underage drinking taking place at his house over the years, and the rape is a “culmination of this pattern.”

“The fact that your underage stepson felt at liberty to host drinking parties in the home of the chief of police, the fact that the home of the chief of police is not a safe place where lawful behavior can be assumed, is enough to provoke doubt in your ability to keep the rest of the town safe.”

“You could save the city hundreds of thousands of dollars and improve public safety by resigning your post. We imagine that this course would be in line with your central value of service to the community, and urge you to do so.”

The newspaper reported on a case a few years back (I’m writing from memory here) that Chief Wood was away from his home and got an alert on his phone from his security system. He logged into cameras to find a drinking party was in progress, and called for officers to respond to his house to put a stop to it. Dieffenderffer was 17 when the rape occurred, so he was well under that at the time.

As noted in “Other Updates” above, Dieffenderffer was initially charged as a juvenile in the rape case, and the District Attorney refiled the charges against him as an adult. His attorneys have since petitioned the court to instead try him in juvenile court; the potential penalties are much less there.

One of the people who signed the letter addressed the City Council. “The choice to ‘let it play out’ is not because the judicial system will unfailingly yield a factual determination of what actually occurred in his home,” said Kate Kissingford, whose husband, John, drafted the letter. “It is because it is the legally expedient thing for the city to do. In acknowledging this, the council would be taking a small step toward essential moral leadership and informing the community about the reality of sexual assault and the judicial system.”

The problem is, Ouray P.D. is a very small department, so having to take an officer off the street to take over the Chief’s job while this wends its way through the courts, which could certainly take several years, is a heavy burden on the department, hence the letter pointing out that the current situation is impacting public safety.

I Agree: Chief Wood needs to resign. He has lost all credibility before the citizens of Ouray. Not surprisingly, Wood did not respond to the newspaper’s request for his comments on the letter.

24 June 2024 Update

Chief Wood would not resign, and today was fired for cause. City Manager Silas Clark, who I briefly met once, released his letter of termination, which you can download below.

“After considering all the facts and information before me, I have determined that you engaged in poor work performance, violations of state law and other actions inappropriate for the Chief of Police,” the letter says.

The next part is mind-boggling.

“To make matters even worse, on June 21, 2024, I learned that you displayed an image on the back window of your vehicle while you were parked on Main Street. You were observed sitting in your vehicle for a significant amount of time. Frankly, more time than seems reasonable and therefore leads to questions as to your motives. That aside, the attached photos were taken and sent to me. In the photos you can see a graphic depicting two individuals engaged in doggie style sex, while an adult and two children are present. Not only is this graphic in poor taste and not conduct becoming of the Chief of Police, given the allegations involving your stepson and the type of activity at issue in those allegations, it is offensive.”

It continues: “There is no legitimate reason for such a graphic to be on your vehicle and it constitutes a violation of the law enforcement code of ethics contained in the 2016 Ouray Police Department Policy Manual, p.1, ¶ 2. That code states:

“I will keep my private life unsullied as an example to all and will behave in a manner that does not bring discredit to me or to my agency. I will maintain courageous calm in the face of danger, scorn or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed both in my personal and official life, I will be exemplary in obeying the law and the regulations of my department.”

Such a display, Clark says, also “violates the terms of the Written Action Plan, dated January 29, 2024, where as a condition of you being on administrative leave with pay, you were ‘to refrain from making any statements to anyone regarding these criminal proceedings, or any tangential issues’ to protect the City of Ouray and the Ouray Police Department from further discredit.”

So at least we now know why he has not made a statement: he was literally being paid not to.

“In conclusion, based upon the conduct and policy violations set forth in the Notice of Contemplated Disciplinary Action, I find you have engaged in misconduct and violations of policy and state law. I no longer trust you to comply with policy, let alone enforce it or lead by example, and I do not trust your judgment to lead the police department.

“As a result, your employment is terminated effective today.”

My personal conclusion: Wood is completely out of line, and it’s about time he was fired. May he never work in law enforcement again.

The rape case against his stepson and two of his friends isn’t even close to going to trial yet. But at least the city can now move forward in seeing if it can attract a qualified candidate to take over the department that was trashed by someone I feel was an incompetent leader.

4 September 2024 Update

The former police chief’s attorney has notified the city of their intent to sue, saying he was “wrongfully and unjustly terminated” in that his right to free speech and due process were infringed.

It’s probably a long shot: “Colorado is an At-Will Employment state,” explains a page at the Business Law Group in Colorado (not specifically about this case). “Unless a contract provides otherwise, neither the employer nor the employee is required to give a reason for terminating the employment relationship, and an employee may quit, or an employer may fire, at any time, with or without cause, and without advance notice.”

While there are exceptions when it comes to civil rights allegations (likely why they went there), they have a lot to prove before they recover the “damages exceeding $150,000” they’re asking for. (Plaindealer, 4 September 2024)

– – –

Bad link? Broken image? Other problem on this page? Use the Help button lower right, and thanks.

This page is an example of my style of “Thought-Provoking Entertainment”. This is True is an email newsletter that uses “weird news” as a vehicle to explore the human condition in an entertaining way. If that sounds good, click here to open a subscribe form.

To really support This is True, you’re invited to sign up for a subscription to the much-expanded “Premium” edition:

One Year Upgrade

Minimum Price $40.00 USD Plus $5 Extra Support $45.00 USD Plus $10 Extra Support $50.00 USD Dollar-a-Week Level $52.00 USD Plus $20 Extra Support $60.00 USD Plus $30 Extra Support $70.00 USD Plus $40 Extra Support $80.00 USD

Comments

(More upgrade options here.)

Q: Why would I want to pay more than the minimum rate?

A: To support the publication to help it thrive and stay online: this kind of support means less future need for price increases (and smaller increases when they do happen), which enables more people to upgrade. This option was requested by existing Premium subscribers.