A murder case against a Colorado Springs man, who shot a trespasser sleeping in the basement of his downtown apartment building, was dismissed Friday in El Paso District Court.
Patrick Rau, 29, had pleaded not guilty to second-degree murder heat of passion for the Jan. 19, 2017, fatal shooting of 37-year-old Donald Russell.
Rau had given Russell a five-second countdown warning before shooting Russell. Police had described Russell as homeless.
An El Paso County grand jury indicted Rau on the second-degree murder charge.
Rau pleaded not guilty in the case in December. In Colorado, under the so-called “make my day law,” a resident can use deadly force against an intruder without facing criminal charges.
District Court Judge Jan Dubois dismissed the charge Friday, closing the case.
