A federal civil rights lawsuit has been filed in U.S. District Court in Denver by the family of David Rossitercq, 25, who was shot and killed last year by an off-duty deputy during a roadside confrontation.
Charles and Erin Rossitercq of Sheridan, Mont., contend their son’s Fourth and Fourteen Amendment rights were violated when Arapahoe County Deputy Daniel Montana Jr. “knowingly and with deliberate indifference” shot Daniel Rossiter on Nov. 2.
Montana said he shot Rossiter in self-defense during an altercation on the Indiana Street off-ramp on West Sixth Avenue.
The suit, which was filed Tuesday, also alleges wrongful death of Rossiter by Montana and excessive force by Montana.
Defendants in the suit are Montana, and Arapahoe County Sheriff Grayson Robinson and Arapahoe County for failure to properly train Montana.
In December, a Jefferson County grand jury declined to indict Montana.
“Deputy Montana must answer for what he has done,” said Stephanie Kruer, the Rossiter family’s attorney. “You don’t get to kill an unarmed person from point-blank range and then walk away just because you have a badge in your fanny pack.”
Ann Schrader: 303-278-3217 or aschrader@denverpost.com.
