Update: Burnell Benn is now out of jail.
A judge granted Benn bond earlier today and late this evening he posted it and was released.
The man who was accused of killing another man in a Norfolk Rite Aid in August has now been granted bond.
The hearing was held at 3 p.m. Wednesday.
According to Circuit Court judge Junius Fulton’s clerk, the judge granted a $50,000 bond based on Benn’s personal history, lack of criminal history and what the judge saw in surveillance video of the shooting.
The clerk’s office also says that he cannot have any contact with the victim’s family and he’s also banned from all Rite Aid stores in Virginia.
Benn is still in jail according to Paula Miller with the Norfolk Sheriff’s Office.
In a previous interview with NewsChannel 3, Benn said he was just waiting in line at the Rite Aid pharmacy when Ramon Colorado cut in front of him.
That sparked an argument between the two.
“So I asked the gentlemen, how are you doing, sir? Because I am very polite. How are you doing, sir? I`m waiting to get my prescription, um, I`m in line. You`re in line? he said, ‘Yeah, I`m in line to get my prescription, too, sir.’ But he didn’t say sir, he said bro,” Benn says.
Benn says Colorado then pepper sprayed him.
“He`s hollering in the store, where you at, bro?” Benn said. “I got more for you. Where you at? I`m scared to death. I slipped my gun out of my pants and just stayed to the rear for a minute. I wasn’t looking for nobody.”
Benn was charged with murder after police say he shot and killed Colorado.
But Benn says he didn’t pull the trigger first.
“So I said, sir, put your gun down,” Benn says. “Just like that. When I said that, he swung around and pop, pow! That`s when I started popping.”
Court records show both Benn and Colorado had concealed carry permits for their guns.