Nov 9, 2007 2:45 pm US/Mountain
Coroner: Montana Man Shot Twice In Deputy Fight
LAKEWOOD, Colo. (AP) ―
A coroner's finding may indicate that a Montana man was not struggling with an off-duty deputy when he was shot and killed in this Denver suburb last week, an attorney for the man's family said.
Jefferson County Deputy Coroner Trina Harmer said Friday that David Rossiter, 25, of Sheridan, Mont., was shot in the pelvis and the heart, but not from point-blank range.
Stephanie Kruer, an attorney for Rossiter's family, said that may indicate the two men were not in a hand-to-hand fight at the time.
Rossiter was killed Nov. 2 during a fight with Arapahoe County Sheriff's Deputy Daniel Montana along U.S. 6.
Police said Montana had approached a truck with Rossiter and another man inside on an off-ramp. Kruer said the argument started over a cigarette butt flung from the truck.
Montana is on administrative leave during the investigation. He has not responded to messages left with the sheriff's department.
Lakewood police have turned over the results of their investigation to Jefferson County prosecutors. Prosecutors said no decision would be made Friday on whether to file charges.
Former Montana Gov. Judy Martz is scheduled to give a tribute to Rossiter at his funeral on Sunday. She had spoken at the ceremony when Rossiter was awarded his Eagle Scout award.
The funeral will be in the Sheridan Grade School gymnasium.
(© 2007 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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