Followup CO: No Charges for Patrick Rau in Shooting of Donald Wayne Russell

An El Paso County grand jury indicted Rau on suspicion of second-degree murder, “heat of passion,” based on his 5-second countdown warning.


Russell’s actions constituted “a serious and highly provoking act” that affected Rau “sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard,” the indictment said.


O’Connell disagreed, saying Rau “was in the right” and “did nothing wrong.”
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