photo - Donat Herr
Donat Herr 

Colorado Springs liquor store owner Donat Herr was killed during a late night robbery by a single bullet, according to the autopsy report.

The bullet entered Herr's right side and traveled downward, piercing his liver, stomach and kidney before exiting, the recently released autopsy report said. He died within the hour.

There was no evidence the shot was fired at close range, the report said.

The El Paso County Coroner's office initially fought to seal Herr's autopsy on grounds it could "substantially impact" police detectives' hunt for a third suspect in the shooting. Following two hearings, 4th Judicial District Judge Tim Schutz ordered the documents released by Wednesday, a week ahead of a preliminary hearing for Phinehas Daniels, 19, who is accused of first-degree murder in the shooting.

Ballistic evidence links Daniels to the gun that killed Herr, Colorado Springs police said in arrest documents. Under questioning, Daniels told investigators he only held the door to the 3381 N. Academy Blvd. business during the robbery that he said went "wrong," the reports say.

Court records don't specify what led to Herr's shooting, but police said the robbery alarm was activated. Officers later found two .45-caliber shells in the store, the report said.

Friends at neighboring businesses had described Herr as a fighter, leading some to speculate that he might have resisted even an armed robber's demand for cash. No information has been released to confirm their suspicions.

Daniels is scheduled to be in court Aug. 17 and 18.

A 13-year-old also has been charged with first-degree murder and is scheduled for a preliminary hearing in juvenile court in late September. Police are still seeking an unidentified third robber.

Daniels and the 13-year-old also have been tied to a string of six robberies across the city in which masked and armed robbers demanded cash, mainly at 24-hour convenience stores. Also accused in the robberies is Dustin Logan, 19, and a 16-year-old.

Logan is next scheduled for a disposition hearing on Sept. 15. Court proceedings for the 16-year-old are unknown.


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