Court documents show that the Commonwealth Attorney plans to ask a judge to reduce Benn's charge to voluntary manslaughter instead of the original charge of second degree murder.
Police say that in August 2012, Benn and Colorado got into an argument while in line at the Rite-Aid and that's when shots were fired and Colorado was killed.
Court documents show that Benn claims it was in self-defense.
In a series of documents, the Commonwealth Attorney asks the defense to exclude specific evidence in their case regarding Colorado's past behavior, including protesting a rape awareness walk.
In response, the defense said they still intend to use that evidence.
That's when the commonwealth came back with their plan to request the lesser charge.
Benn is currently out on bond but months ago when he was in jail, he spoke with NewsChannel 3.
"I feel like I was protecting my life, sir, this man was going to kill me,” Benn says.
He says Colorado cut in line, and it sparked an argument and added that Colorado pepper sprayed him and pulled the trigger first.
"So I said, ‘Sir, put your gun down,’ just like that. When I said that, he swung around and pop, POW! That`s when I started popping,” Benn says.
Now they're setting a date for the judge to rule on the change in charges.
The new trial date is set for this February.