Judge Asked To Dismiss Suit Over Fatal Shooting

By: Associated Press Email
By: Associated Press Email

Denver (AP) An Arapahoe County Sheriff's deputy who shot and killed a man during a fight has asked a judge to dismiss a lawsuit filed by the man's family.

Daniel Montana's attorney said in a court filing Monday that Montana has qualified immunity because he was acting in his capacity as an officer, although he was off duty at the time.

The filing also says Montana was defending himself.

Montana has acknowledged firing the shots that killed David Rossiter of Sheridan, Mont.

Authorities say Montana, Rossiter and Rossiter's co-worker got into a fight in the Denver suburb of Lakewood on Nov. 2 when the co-worker tossed a cigarette that hit Montana's vehicle .

The Rossiter family's federal lawsuit alleges excessive force and wrongful death. It seeks unspecified damages.


You must be logged in to post comments.

Username:
Password (case sensitive):
Remember Me:
KKCO NBC 11 News
2531 Blichmann Avenue
Grand Junction, CO 81505

Station Phone: 970.243.1111
Business Fax: 970.243.1770
Newsroom Fax: 970.245.3793
News Tip & Contest Line: 970.255.8477
Copyright © 2002-2016 - Designed by Gray Digital Media - Powered by Clickability 29617299 - nbc11news.com/a?a=29617299
Gray Television, Inc.