LITTLETON — Arapahoe County will help defend a sheriff’s deputy who was off duty when he shot and killed a man after a roadside dispute.
The county commissioners this morning agreed to provide legal representation for Deputy Daniel Montana Jr. and his boss, Sheriff Grayson Robinson, in a federal lawsuit filed by the family and the estate of David Rossiter. The panel also agreed to cover up to $100,000 in damages for Montana and Robinson.
Montana, who was off duty at the time, said he shot Rossiter, 25, in self-defense during an altercation in Lakewood on the Indiana Street off-ramp at West Sixth Avenue in November 2007.
An internal investigation cleared Montana, and a grand jury declined to indict him, so Montana was allowed to return to his job.
The lawsuit was filed in August and is still in its early stages.
The liability indemnification will pay up to $100,000 each for Montana and the sheriff should the civil suit go against the county.
Commissioners voted unanimously to provide the legal representation and money for Robinson, but voted 4-1 for Montana.
Commissioner Rod Bockenfeld was the lone “no” vote. He said standards for the protection of Montana did not meet state statutes. He would not elaborate.
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 fire.
Rossiter and the truck’s driver got out of their vehicle. There was a fight. A witness said Montana was getting severely beaten, then tripped. And when he stood up, Rossiter moved toward Montana, and the deputy fired two shots.
Carlos Illescas: 303-954-1175 or cillescas@denverpost.com
