Arapahoe County sheriff’s Deputy Daniel Montana Jr. has returned to duty after an internal investigation cleared him of wrongdoing in a fatal Nov. 2 roadside confrontation, though a key witness said he was never interviewed for that probe.
Montana, 49, of Golden, said he shot David Rossiter, 25, of Sheridan, Mont., in self-defense during an altercation on the Indiana Street off-ramp on West Sixth Avenue.
A grand jury declined in December to indict Montana.
Attorneys for Montana are attempting to seal records of the incident, saying Montana “intends to remain in law enforcement and records of this arrest will be harmful to that career.”
The petition is opposed by the Jefferson County district attorney’s office, the Arapahoe County Sheriff’s Office and the Lakewood Police Department.
Lakewood Deputy City Attorney Janet Young argued in a legal filing that sealing the records “would give the appearance of a police coverup.”
In December, the Lakewood Police Department released witness statements, 911 tapes and other documents from its investigation. Details were published in newspapers and on TV, radio and the Internet.
But if sealing is ordered, it would make it difficult for interested parties to confirm any of the details for themselves.
“Untenable position”
Witnesses said the altercation began after a cigarette butt was tossed onto Montana’s car from the truck in which Rossiter was riding. Montana got out of his car, telling police he was afraid his car would catch on fire.
Rossiter and the truck’s driver got out of their vehicle. There was a fight. Montana was “getting the crap beat out of him,” said Seth Allen, who had an unobstructed view from his car directly behind Montana’s.
Montana then fell or tripped, and when he stood up, he had a gun, Allen said. Rossiter moved toward Montana, who fired two quick shots.
An autopsy showed Rossiter bled to death from a large-caliber gunshot to the chest. He also was shot in the thigh.
Young said state law governing sealing orders would put the Police Department “in the untenable position” of saying “no such records exist” if anyone asked to see them.
A seal order also could block Lakewood officers from looking at their own reports before any court proceeding that could arise from a federal civil rights lawsuit expected from Rossiter’s family, Young said, nor could the police provide records to the attorney for Rossiter’s estate without a court order.
“We are in the process of investigating and preparing a civil complaint,” the Rossiters’ attorney, Stephanie Kruer, said.
No discipline for deputy
Arapahoe County Sheriff Grayson Robinson said Wednesday that his office’s internal investigation was completed within the past two days.
Robinson said Montana, who had been on paid administrative leave since the shooting, has returned to the detention division, where he has been assigned largely since he joined the department in 1991.
Asked whether Montana had received discipline, Robinson replied, “There has been none.”
Kruer expressed surprise at the investigation’s outcome.
“Geez,” she said.
“Nothing is happening to this guy,” said Allen, the witness. “If a citizen shot a police officer, that person would already be fried.”
Allen said he’s never been contacted by anyone involved in Arapahoe County’s probe.
“I’m not sure why he would say that,” Robinson said. “We did a complete investigation.”
But he would not comment directly on Allen’s assertion.
Allen said Wednesday that he stands by his statements and grand jury testimony. However, he said, a few months after the shooting he grew concerned the whole picture had not been revealed. Allen said he questions what he called “a series of bad judgments” made by Montana.
Actions cited by Allen include Montana getting out of his car, confronting two younger, bigger men, and pulling a gun.
“As a society, we hold police officers to a higher standard,” Allen said. “Does this mean that any off-duty officer can pull a gun, shoot someone and not be held accountable?”
Ann Schrader: 303-278-3217 or aschrader@denverpost.com
