GOLDEN — A fatal shooting allegedly by an off-duty Arapahoe County deputy will be presented to a grand jury, Jefferson County District Attorney Scott Storey announced Thursday.
David Rossiter, 25, of Sheridan, Mont., was killed Nov. 2 by Daniel Montana, 49, of Golden after a roadway dispute, according to Lakewood police.
A fight apparently erupted over a cigarette butt thrown from a pickup driven by Michael Hunter, 24, that landed on Montana’s car. Rossiter was a passenger in Hunter’s truck.
An autopsy report released last week showed Rossiter was shot twice – once in the hip and fatally in the chest – from several feet away.
Stephanie Kruer, attorney for the Rossiter family, said Rossiter had bullet damage to fingers on both hands, which she said showed he was trying to defend himself.
Storey called the Rossiter family Thursday morning to discuss his decision.
“It was a very classy thing on his part,” Kruer said.
Kruer said that Storey said he understood the family’s anxiety level is high because “they know nothing will happen for weeks and they have to have faith in our justice system.”
DA spokeswoman Pam Russell said no further information is available about the investigation or how long the grand jury might take to decide whether to proceed to trial.
Rossiter, an all-state football player and Eagle Scout, was buried Sunday in Sheridan.
Montana is on administrative leave during the investigation. A deputy since 1991, he was assigned to the detentions unit.
