Colo. cop won’t be indicted in roadside shooting |

Colo. cop won’t be indicted in roadside shooting

GOLDEN, Colorado ” A grand jury declined to indict a sheriff’s deputy who was accused of shooting and killing a Montana man during a fight while the deputy was off duty, prosecutors said Monday.

David Rossiter, 25, of Sheridan, Mont., was killed Nov. 2 during a fight with Arapahoe County Sheriff’s Deputy Daniel Montana along U.S. 6 in the west Denver suburb of Lakewood.

The grand jury didn’t issue a report that might have explained the decision, authorities said.

Montana faces an internal sheriff’s department investigation now that the grand jury’s work is completed, Arapahoe County Sheriff Grayson Robinson said. Robinson said Montana would remain on administrative leave.

Jefferson County District Attorney Scott Storey learned of the decision late Friday and flew to Montana to tell Rossiter’s family in person on Sunday, said his spokeswoman, Pam Russell.

Storey cannot comment on the decision because of grand jury secrecy rules, Russell said.

Stephanie Kruer, an attorney for Rossiter’s family, did not immediately return a call.

Police said a fight had broken out among Montana, Rossiter and Michael D. Hunter II when Rossiter was killed. Rossiter was a passenger in a truck driven by Hunter, and the fight started after Montana approach their truck on an off-ramp.

Kruer said the argument started over a cigarette butt flung from the truck.

The coroner said Rossiter was shot in the hip and chest.

At Rossiter’s Nov. 10 funeral, former Montana Gov. Judy Martz remembered him as a “gentle giant” who loved coaching. Martz had presented Rossiter his Eagle Scout badge several years before.

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