DENVER (AP) — Attorneys for an Arapahoe County sheriff's deputy who was off duty when he shot and killed a Montana man want a judge to dismiss a wrongful death lawsuit against their client, saying he did not use excessive force and was acting in his capacity as an officer.
Deputy Daniel Montana shot and killed 25-year-old David Rossiter, of Sheridan, Mont., on Nov. 2, 2007, during a fight in Lakewood that happened after Rossiter's co-worker tossed a cigarette that hit the deputy's vehicle.
Rossiter's family sued in August 2008 alleging excessive force and wrongful death.
Montana's attorneys on Monday asked a judge to dismiss the case, saying the deputy identified himself during the fight as an off-duty officer. They also say the deputy shot twice in self defense after Rossiter lunged at him.
Toxicology reports released Wednesday say Rossiter and his co-worker, Michael Hunter, were drunk during the fight.
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