Dec 17, 2007 8:42 pm US/Mountain
Jury Declines To Indict Arapahoe Co. Deputy
Prosecutor Visits Family In Montana
By Dan Elliott, AP Writer
GOLDEN, Colo. (CBS4/AP) ―
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Daniel Montana, Jr. on Nov. 6
CBS
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David Rossiter on Nov. 4, 2007.
CBS
A grand jury declined to indict an off-duty sheriff's deputy over a roadside fight that left a Montana man dead, all but eliminating the possibility that charges will be filed, prosecutors said Monday.
David Rossiter, 25, of Sheridan, Mont., was shot to death Nov. 2 in a fight with Arapahoe County Deputy Daniel Montana, 49.
The grand jury didn't issue a report that might have explained the decision. Prosecutors said the case is essentially closed unless new evidence surfaces, and they are not actively investigating.
Disappointed family members said they planned to file suit.
"The focus of the action will be to seek justice for the death of their son," said Stephanie Kruer, an attorney for the family.
"They had placed all their faith in the criminal justice system to right this wrong, and they are sadly disappointed," she said.
Police said a fight had broken out among Montana, Rossiter and Michael D. Hunter II when Rossiter was killed. Rossiter was a passenger in a truck driven by Hunter, and the fight started after Montana approached their truck on an off-ramp on U.S. 6 in the west Denver suburb of Lakewood.
The coroner said Rossiter was shot in the hip and chest.
Kruer said the argument started over a cigarette butt flung from the truck.
District Attorney Scott Storey said he did not know the grand jury's reasoning and could not comment even if he did because state laws require the process to be secret.
"This was a very, very thorough, complete and meticulous investigation from start to finish, and the grand jury assisted in that process and the investigation," he said. "They had all the information. Nothing was left out."
Storey said more details of the shooting could be disclosed, but he declined to elaborate.
Montana still faces an internal sheriff's department investigation. Arapahoe County Sheriff Grayson Robinson said his investigators were waiting on the grand jury to finish before getting under way. Robinson said Montana would remain on administrative leave.
Storey said he learned of the grand jury decision late Friday and flew to Montana, where he delivered the news to Rossiter's family in person on Sunday before making it public.
"It was a very good meeting. (They are) just a class act family. I offered my condolences," Storey said. He declined to offer any other details, saying the meeting was private.
Kruer said the Rossiters appreciated Storey's visit. She said they "received this terrible news with grace and as much good will as possible under the circumstances."
At Rossiter's Nov. 10 funeral, former Montana Gov. Judy Martz remembered him as a "gentle giant" who loved coaching. Martz had presented Rossiter his Eagle Scout badge several years before.
Associated Press Writers George Merritt in Denver and Susan Gallagher in Helena, Mont., contributed to this report.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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