It doesn't matter who erased the data. It matters who is the record keeper of the data. Dominion is skating on technicalities. Record archival / storage / deletion is solely the responsibility of the County Recorder.
The Mesa County Recorder is in the shit because of Dominion but she's responsible ultimately for what Dominion does to her records. Lucky she came forward. She might be the only County Recorder in Colorado who WON'T GO TO JAIL.