Family Settles Lawsuit Against Arapahoe Co. Deputy
BUTTE, Mont. (AP) -- The family of a Montana man who was shot to death by an off-duty sheriff's deputy in Colorado has settled a lawsuit filed against the deputy and Arapahoe County, the family's attorney said.
Charles and Erin Rossiter, of Sheridan, sued deputy Daniel Montana, the sheriff, the county and its commissioners alleging excessive force and wrongful death in the Nov. 2, 2007, death of their son, David Rossiter, 25.
The settlement amount was not disclosed by either side, The Montana Standard reported.
Montana shot and killed Rossiter during a fight that happened after David Rossiter's co-worker, Michael Hunter, tossed a cigarette that hit the deputy's vehicle. They all were stopped at a traffic light on a freeway off-ramp in Lakewood, a suburb of Denver. Court records indicate both Rossiter and Hunter were legally drunk at the time.
An argument led to a physical fight. Montana has said he was being badly beaten and a witness said he was knocked to the ground. Montana said he had pulled his gun and the much larger Rossiter lunged at him. Montana said he feared for his life and shot Rossiter. He died of a gunshot wound to the chest.
"The Rossiters are very happy with the outcome. This has been a very long road for them and a difficult one," attorney Stephanie Kruer said Thursday. "It's now over and they can get on with the process of healing."
Assistant Arapahoe County Attorney Jed Caswall told the Standard that he could not comment on the settlement or the case, which had been set to go to trial March 21. The settlement was reached last week, Kruer said.
A grand jury heard the case in December 2007 decided not to indict Montana in the shooting.
(Copyright 2011 by The Associated Press. All Rights Reserved.)
