COLORADO SPRINGS, Colo. - Colorado Springs Police have released the name of a man who was shot and killed in the 200 block of North Wahsatch Avenue Thursday.
Donald Wayne Russell, 37, lived in Colorado Springs. His death was ruled the city's 5th homicide of 2017, however, it's important to note in this case that a death being classified as a homicide does not necessarily mean a crime was committed.
The shooting was reported at 6:48 a.m.
The homeowner told investigators that Russell went into the house and confronted the owner, which led to the shooting.
The investigation is ongoing, but the case could fall under Colorado's 'Make My Day Law,'
"We're right at the very beginning stages, of interviewing witnesses, trying to get individuals identified on who there where, where do they live, lots of moving parts," said Lt. Howard Black.
The law says you can use force if there is a reasonable threat to your life while you are inside your home or vehicle.
"They have to be able to show that they had a reasonable belief, there was an intruder in the home," said Mike McDivitt. "As a result of that, they had a reasonable belief that there were going to experience harm themselves."
This includes the following:
-A person who wasn't supposed to be there
-A person who was there to commit another crime of some sort
McDivitt said if the shooter can prove a direct threat, it's likely to be a successful defense.
"Most juries will probably absolve someone of that crime, if that person was able to convince the jury that this person had no business being in the home," said McDivitt.
No charges had been filed as of Friday morning.