COLORADO SPRINGS – A Colorado judge has dismissed a second-degree murder charge in the case of a Colorado Springs man charged with shooting an intruder he found in the basement of his apartment building.
The Gazette reports District Judge Jann DuBois ruled Friday that 29-year-old Patrick Rau was protected under Colorado’s Homeowner Protection Act because he reasonably feared the intruder and the basement was part of the dwelling.
The so-called “make my day” law allows a person to use deadly force against an intruder who is reasonably believed to be a threat.
Donald Wayne Russell was shot in January 2017. Rau was indicted two months later and pleaded not guilty.
Lee Richards, a spokesman for the District Attorney’s office, says prosecutors plan to appeal the dismissal.
The Gazette could not reach Rau for comment.
