Colorado Springs man charged after fatally shooting intruder

COLORADO SPRINGS, Colo. (AP) -- A Colorado Springs man has been charged with second-degree murder for allegedly shooting to death an intruder he found sleeping in the basement of his downtown apartment building.

According to an indictment handed down by an El Paso County grand jury Tuesday, 28-year-old Patrick Rau is accused of killing 37-year-old Donald Russell on Jan. 19 after giving the man a five-second countdown warning. The Gazette reports the grand jury found the killing happened in the heat of passion.

Police have said they believe the victim was homeless.

Prosecutors declined to say if the provisions of the so-called "make my day" law were considered. Under the law, a resident can use deadly force against an intruder without facing criminal charges.

Booking documents don't indicate if Rau has hired an attorney.

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