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Shooting yields no charges: Grand jury determines charges against off-duty deputy not warranted in Rossiter’s death
A grand jury in Colorado ruled last week that no charges should be filed against an off-duty sheriff’s deputy who shot and killed a Sheridan man last month.
The jury came back with a finding of “no true bill” for Daniel Montana Jr., a finding that means he will face no criminal charges in the shooting death of David Rossiter. Montana, an Arapahoe County Sheriff Deputy who was off duty at the time, shot and killed Rossiter Nov. 2 with a pistol after a fight broke out alongside a highway interchange in Lakewood, Colo.
Jefferson County District Attorney Scott Storey personally delivered the news to Rossiter’s family Sunday after flying to the Treasure State the day before, spokeswoman Pam Russell said Monday.
The news has devastated a family that was already suffering, said Stephanie Kruer, a Sheridan attorney representing Charlie and Erin Rossiter.
“They’re shocked and deeply disappointed,” she said. “They had put all their faith in the criminal justice system to rectify this wrong and the justice system failed them.
“Even though the filing of criminal charges won’t bring their son back, it would have advanced the pursuit of justice and would have at least given them some solace that their son’s death was not in vain.” Russell said Storey has a policy of personally meeting with the family of people killed in an alleged crime, which is why See SHOOTING, Back Page Shooting ...
Continued from Page A1 he flew to Montana.
“We know how difficult this was for them,” she said. “That’s why it was so important for Scott to go up there and tell them; he didn’t want them to find out from the media or even through a phone call.” Storey presented the case to the grand jury following a thorough investigation. It included numerous interviews with witnesses, a coroner’s report and other evidence in the case.
According to Kruer, a scuffle broke out following an argument over a flicked cigarette butt. Rossiter was riding in a truck driven by Michael D. Hunter, who was arrested for drunken driving following the fight, when the incident occurred.
Kruer has said a coroner’s report indicated Rossiter was not shot at close range. He was hit in a hand and in the chest.
It’s unknown what evidence the grand jury saw in the case because of Colorado’s strict laws protecting its proceedings, Russell said. She said the evidence presented to the grand jury will not become public. But the case Storey presented was thoroughly researched and the grand jury made up of Jefferson County residents spent a lot of time reviewing it.
“They met four of five times, they met all day and they heard an awful lot of evidence,” Russell said. “No expense was spared, it was very thorough.” However, the grand jury’s determination may not be the last word in the case. The Rossiters have hired a Colorado attorney and a private investigator to review all of the material collected in the investigation, Kruer said.
Story has agreed that if new information comes to light, he would consider bringing criminal charges, she said. And the family is pursuing a civil lawsuit against Montana.
“We’re not packing our suitcase and going home,” Kruer said.
Reporter Nick Gevock may be reached at nick.gevock@mtstandard.com
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