Man accused in Norfolk Rite Aid shooting could get lesser charge

Norfolk, Va., – Bernell Benn, the man accused of killing Ramon Colorado inside a Norfolk Rite-Aid last year may be facing a lesser charge.

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.

Related: 

Rite Aid shooting victim’s sister: “I think it’s a tragedy for both families”

Update: Man accused in Norfolk Rite Aid shooting released on bond

Suspect accused of killing man at Norfolk Rite Aid appears in court

Rite Aid shooting victim was a well-known community advocate

Coming up tonight: Suspect accused of killing man in Rite Aid says victim pepper sprayed him

Man accused of killing fellow Rite Aid customer says it was self-defense

Man arrested in Norfolk Rite Aid shooting; accused victim of jumping ahead in line

Witnesses talk about scene at Rite Aid shooting in Norfolk

Man arrested in Norfolk Rite Aid shooting; accused victim of jumping ahead in line

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