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Deputy back on job after '07 shooting

Sue Lindsay and Hector Gutierrez

Published April 11, 2008 at 12:05 a.m.

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Daniel Montana said he shot David Rossiter in self-defense.

Daniel Montana said he shot David Rossiter in self-defense.

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A sheriff's deputy involved in a roadside shooting death is back on the job in Arapahoe County.

Daniel Montana Jr. was cleared in an internal affairs investigation and no discipline was imposed, Arapahoe County Sheriff Grayson Robinson said.

"He was returned to duty two days ago," Robinson said.

A grand jury declined to return an indictment in December.

Montana, 49, said he shot 25-year-old David Rossiter, of Sheridan, Mont., in self-defense.

The shooting happened during an altercation Nov. 2 on the West Sixth Avenue off-ramp at Indiana Street.

Montana, who was off duty, got out of his car and confronted Rossiter, a passenger in a truck, after the pickup's driver, Michael Hunter, flicked his cigarette onto Montana's car as the two vehicles slowed at a traffic light.

The deputy's attorney now is trying to seal records of the incident.

That move is being opposed by the Jefferson County District Attorney's Office, the Lakewood Police Department and the Arapahoe County Sheriff's Office.

"The details are already public information, and I believe it is appropriate for the community to have access to the details of that investigation," Robinson said.

However, Richard Bloch, Montana's lawyer, wrote in his motion that the deputy's current and future employment could be harmed by keeping these documents open when he never was charged.

Bloch also cited a 1972 state Supreme Court ruling that a person who had been acquitted of criminal charges "may have the constitutional right to compel the police to return or expunge the arrest record."

In turn, the motions objecting to the sealing of the file cited the anticipated filing of a federal civil rights lawsuit on behalf of Rossiter's family against Montana and the sheriff's office.

Comments

  • April 11, 2008

    1:59 a.m.

    Suggest removal

    happymike44 writes:

    Well if you get pulled over,stay in the car.If and when the officer asks you to leave the car.Make sure to get out your documents ad when you exit the car.Lock your doors this is your right it also protect you against illegal searches.Do not admit to anything no matter what.Just give the officer your documents be friendly but do not admit to anything.Take your ticket and leave,remember to thank the officer and wish him a nice day.Be civil no matter what,then appear in court and fight the ticket.If you are innocent ask the officer how he came to the basis for the ticket.I was issued a ticket and a gun shoved in my face the officer who wrote the ticket did not appear.But his partner did I called a family friend a attorney.We all stood there waiting for the officer.The case was dismissed after we explained what happened to us like the gun in our face.Also the officer was given every chance to appear even a extra 40 minutes and still did not show.Why because he pulled someone on his way to the courthouse for guess what?SPEEDING

  • April 11, 2008

    7:19 a.m.

    Suggest removal

    maukaman writes:

    Good advice happymike. After watching the cowards at Columbine you have to realize that"Serve & Protect" means watching out for themselves first. Police today are way to quick to fire their weapons. We have a bunch of over weight, quick draw cowards that often represent a threat to us rather than a help. Best thing is to be able to protect yourself.

  • April 11, 2008

    9:12 a.m.

    Suggest removal

    airbornebigfoot writes:

    this coward, Daniel Montoya Jr. is a MURDERER!
    he murdered poor Dave Rossiter, after Dave was going to save this puke from an ass beating he thoroughly deserved.
    I sincerely hope that his true punishment is still to come.
    and some hardened criminal on a crime wave puts a semi wadcutter in this morons brain pan.
    He picked a fight during his road rage event, with a guy who was beating his ass, then when Dave tried to save this a holes life, the guy pulls a pistol and shoots him dead.
    and because he is a member of the 'law enforcement gang' he gets to return to work, presumeably to shoot more innocent people.

  • April 11, 2008

    9:48 a.m.

    cathaoir writes:

    (This comment was removed by the site staff.)

  • April 11, 2008

    10:16 a.m.

    Suggest removal

    tellmenow41 writes:

    maukaman is indeed a scumbag, comparing two unrelated situations. He has no room to judge those who were on the scene that day.
    You disgust me maukman.

    On a lighter note, it would be a REALLY bad idea to say something along the lines of "don't shoot me bro" or "watch that trigger dude" if one were to be pulled over by this deputy.

  • April 12, 2008

    11:25 p.m.

    Suggest removal

    Thomas154 writes:

    Let's see...
    Montano is minding his own business driving down the street, could be any of us or one of our family members. Two drunk punks out looking for trouble (they are already drinking and driving) throw a cigarette on his car and he gets out to get it off before it causes damage. They jump him thinking he is an everyday sheep, but they quickly find out they grabbed a rattlesnake by the tail and they get bit, hard. The two thugs out number him, are both double his size and half his age. Sounds like a really fair fight. I'm glad these punks took on somebody with a gun and some training rather than my dad, uncle or any other law abiding citizen, who would likely have been killed by these dangerous thugs. Montano is no hero or villain, just an average Joe who became the focus of evil and prevailed. I'm glad he was fully exonerated. Good usually prevails and it has in this case.