make my day law...kiling with no consequence??

Tah - posted on 10/22/2011 ( 25 moms have responded )

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A woman who caused fatal injuries to her ex-boyfriend with a broken beer bottle will not face any charges under Colorado's Make My Day law.

On Oct. 2, Azura Lakin, 21, slashed her ex-boyfriend's throat with a broken bottle after a fight during which he choked her and tried to re-enter her house. According to police reports the ex-boyfriend, Shaun Cassidy, 23, was with Lakin and friends at a downtown Fort Collins bar called the Drunken Monkey. Witnesses there told police that Cassidy "began to act hostile," was intoxicated and smashed Lakin's phone before returning to her Fort Collins apartment to take back his things.

Once at the apartment, the two got into another argument and Cassidy started choking Lakin. He was pushed out by Lakin and her sister, but kept banging on the door so Lakin says she opened it again. When he moved towards her as if to choke her again, Lakin says she hit him with the broken bottle cutting him.

Cassidy died on Oct. 9 from a stroke resulting from his blood loss and blunt force head injury.

Though the Larimer County Coroner ruled Cassidy's death a homicide, District Attorney Larry Abrahamson says the Make My Day law applies in this case. Cassidy unlawfully entered Lakin's home, committed a crime of assault, and, Abrahamson says, Lakin had a reasonable expectation of Cassidy causing her harm.

The Make My Day is intended to ensure Coloradans their right to self-protection at home, and Lakin says she was acting in self defense.

"We came to the unanimous conclusion that criminal charges could not be sustained beyond a reasonable doubt," Abrahamson told 7News.


Cassidy's relatives however, are not satisfied with the decision.

"She was mad over a broken cell phone. So my nephew is gone because of a cell phone that was broken. It's not right," Cassidy's aunt, Colleen Countryman told CBS4 News, as quoted in Westword.


So should she serve time or was is justified??

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Kelina - posted on 10/29/2011

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unfortunately life is a grey area. Our laws have to take that into account. Life is full of loopholes whats ifs and maybes. What about a woman who'd been suffering abuse for years and finally stood up and had to kill her husbad to stop him killing her should she still go to jail? she took his life after all. What about a woman who kills her rapist trying to protect herself? Should she be treated the same as some woman who got in a fight with someone of her own accord and accidentally killed him? Like i said before once he was in the house she was well within her rights to defend herself, and it's against the law to prosecute for stupidity.

Tah - posted on 10/29/2011

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umm..and which way is there to immobilize someone in that situation??..and even if you know how to immobilize a bigger and stronger man/person, who is to say she knows how. I don't think its hypocrisy at all. I don't know if you have ever had someones hands around your neck but its always easier to say what you can do when its not you. Even if you have she is a different person and people react differently, I thnk it's kinda nieve to unfair to apply the same laws to someone who lets say...drives while drunk and kills someone to someone who was fighting for their life in a volatile situation..it doesnt make sense and i would still put any amount of money ont he fact that if it were your family member, sister, aunt, husband you would be a hypocrite to them getting time in jail for it...sorry, but i can't beleive anything else...

Tah - posted on 10/28/2011

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i don't beleive that Brittany. If someone is in your house threatening your life or that of your family then you think that if you kill them in self defense then you should go to jail?..I don't think so. I was talking to my sensai and i was telling him that the parking lot at my school where i have a night class doesn't have any lights. I asked him if someone approaches me in the dark, what are my options..he said flat out "kill them"..lol...in the dark you don't know what they have or what their intentions are. If you come in my house, i doubt you came for the cookies. If you have your hand around my neck or even if you are just reaching for me, i don't know what its your head and i will defend myself and if you end up on the other side with Jesus or not........well then thats your own blasted fault. I am sure that your family would feel the same way and fight tooth and nail for you to be freed, and if it was your husband that killed that someone in your house protecting himself/family you wouldn't be at the D.As office asking them to lock him up..lol..

Charlene - posted on 11/16/2011

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Your thread came up in my search of make my day law cases, and after reading I felt the need to provide a bit more information. I like your site, and will recommend it to the new mothers I know. You are commenting on a subject where all of the information is not present. Here is a link to a newspaper article regarding the night in question. http://www.thedenverchannel.com/news/294... I don't know if it will come up as a link, but I hope you will read it. In Azuras statement from the night she was arrested, she says she and Shaun were 'pushing and shoving' each other. After she and her sister got him outside and locked the door, he began knocking again, and Azura went to the kitchen, got a beer bottle, and opened the door. Where was the fear? Her initial statement says nothing about being afraid, it says she was angry. It also said the attack happened outside her front door. She hid his car keys and wallet, is that where the pushing and shoving came into play, with him looking for these items and her trying to prevent him from doing so? Her witnesses are questionable. Her sister, for one, and the two men from the bar? Well, one is a drug dealer she knows from high school, and the other is a guy she had just met. There is more to this story than anyone will ever know. Azura had almost three weeks from the night of the attack until her court appearance to craft a statement that fit nicely within the parameters of the make my day law. You are all entitled to your opinion of abusers, just be informed of the topic of which you are speaking. Men can be abused by women, too. They put up with it out of love and the hopes things will get better, just like women do. Shaun had a history of walking away from their arguments until things cooled off, and Azura would go crazy looking for him. That night she called around looking for him like always, he waited a few hours and then went to retrieve his things. He was 6 hours away from home, and as she had his wallet he couldn't even get a motel room. There are two sides to every story. Just because a woman says she was beaten, doesn't make it so.

[deleted account]

as far as i'm concerned, with my mother having been beaten and abused countless times by her disgusting ex husband who still harrasses her for ridiculous reasons despite her restraining order against him, i have plenty of reason to doubt that Lakin merely killed him over a broken cell phone. who gives a shit about a phone, he attacked and she defended herself. i only wish my mother had done the same, would save her the trouble he has caused since their divorce. i seriously doubt this was the first time Cassidy and Lakin fought physically and even if it was, she had every right to defend herself and i'm glad she did. if she hadn't, who knows what would have happened. two girls against an enraged drunk man who had already exhibited violence against her? if she hadn't defended herself, she and her sister could be dead, and the tables would have been turned.

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Mindy - posted on 05/13/2012

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Unfortunatley we will never know his side will we only the story of a crackhead trying to stay out of jail.

Mindy - posted on 05/13/2012

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Jesus christ lady shut up read before you speak he was outside with the door locked she grabbed a bottle and unlocked and opened the door instead of calling the damn cops now seriously read the 1000page police report before you start talking like you know a damn thing.

Mindy - posted on 05/13/2012

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actually in the arrest report she said herself that it was because she was mad that he broke her phone do some research before you dribble your brain all over the net thanks

Mindy - posted on 05/13/2012

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Shaun was my brother in law and im not saying he was an angel by any means but he was a good person. I dont think its right for you people to call him an idiot or anything else for that matter just keep you opinions to yourselves. Also "what was she suppost to do?" really...really? How bout oh I dont know call the cops maybe? Anyway plz stop bad mouthing my brother he was a great person and he is missed greatly.

Tah - posted on 11/16/2011

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There are actually 3 sides to every story, his, hers and the truth. Thank you for the link and the recommendation

[deleted account]

then again, i am biased and if i could get the bastard chained down i would kill him without regret. and believe me, no one would miss him, not even his family.

Barb - posted on 11/04/2011

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I understand what you are saying and it's nice to have an opposing point of view, but i think there is something sacred about what happens in ones home and to their body.

When we lived in town we had neighbors that fought all the time. One night she came down around 2 am, busted up, bleeding, all 3 kids in tow, bleeding on the youngest she was carrying. Brought her in, saw she was going to need stitches, called the cops, put the kids to bed, the cops took her to the hospital. She had been drinking and so had he.. he came down shortly after asking to see her, nope, she's up at the hospital getting her head sewed back together.

Every couple of months this repeated, always when they went out drinking. She'd get pissed at him and cut up all his jeans, he shoved her and she fell backwards, hitting her head on the stove. Another time she took the car and went out drinking without him and didn't come back in time for him to leave for work in the morning at 5:30 am.

I imagine this woman and the guy to be like my old neighbors. There would be no love lost from people if he were killed, but it was totally mutual combat and she should serve time too.

Especially if they had an abusive relationship before and she forgave him and let him back several times, it's like she's inviting the abuse.

And i've lost my train of thought, i do have a point, maybe i'll find it in the morning. night all

[deleted account]

I can say from experience that its not an easy thing to "immobilize" someone choking you. And I was bigger than him. In that situation your terrified to say the least and will will try or DO anything you can to get out of it.You can NEVER say what you would do in that situation because you never actually know. She was well within her rights to defend herself... in anyway she saw fit in her home.

[deleted account]

Tah you are probably right. But laws like that still drive me insane, and probably still would even if I were in that situation. I just hate grey areas of the law that are full of loopholes, what ifs, and maybes.

[deleted account]

I'm not saying that she didn't have the right to defend herself. I'm saying that if you accendentally kill someone and go to jail for it; then she should in this case as well. I just don't like hypocrisy.

I really don't see it as being any different than if they were in a bar fight and she did the same thing. I don't think that they should serve the same ammount of time, but it is what is.

Honestly it bugs me that people get such a long time in for manslaughter. But they do. There are better ways to immobilize someone in that situation.

[deleted account]

If you get jail time for manslaughter (so you accidentally kill someone), then you should for this too. I see it as the same thing. I don't care about the reasons behind it; killing is killing.

Jurnee - posted on 10/27/2011

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I live in Forida and my house was broken into or tried to be broken into on more than one occasion by the same person. The police basically told me if someone entered my house I can do whatever is necessary to protect myself. She really didt have a choice. IMO, if someone puts their hands on me, they have made the choice to put themselves in harms way. Its sad that the man had to die, and I do question why she even opened the door, but in the end, he tried to stangle her, she protected her life.

Tah - posted on 10/25/2011

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i thinks thats a little different than what happened here. thats more like if she cut him and he didn't die, but sustained injury from it and then sued her. wasn't the smartest thing in the world, bottom line, he assaulted her in her home and she apparently has the right to do whatever needs doing to save her life....Families never want to accept the facts and its sad he had to die and she is probably heartbroken over it. i mean how many time have we argued with a bf or spouse and the next morning right back together...sad situation for everyone involved.

Denikka - posted on 10/25/2011

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lawls...oh yea. . .I know more than a few people who should be facing life sentences for stupidity XD
I just meant that because she put herself in that situation, she shouldn't get off scott free.
Like the burglar who breaks in through a sky light and falls and gets hurt shouldn't be able to sue the home owner for damages XP Same kind of stupidity in my mind.

Kelina - posted on 10/24/2011

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lol unfortunately Denikka they can't charge her with stupidity. Once things were set in motion i don't think she had much of a choice it was defend herself or probably die. But if they could charge her for stupidity i'd definitely suppport that!

Denikka - posted on 10/24/2011

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I think the chick is an idiot. You don't open the door if you're afraid of bodily harm. You lock the door and call the cops.
I won't defend the guys actions, he's just as much of an idiot, but he didn't deserve to die.
I firmly believe that she needs to be charged with something and not just let off scott free. A man is dead because of both of their actions.

Kelina - posted on 10/24/2011

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kind like blaming the height of the mountain for someone falling-if they hadn't been there it wouldn't have happened. If he'd had enough sense to act like a mature adult and leave it wouldn't have happened. if he hadn't beat on his girlfriend it wouldn't have happened. and that guys aunt needs to wake up, it wasn't the cell phone it was the fact that he choked her and then didn't have the sense to go home. however that being said, i don't know why she didn't call the police when he was being a drunken idiot. instead she opened the door. so while yes i see it as self defence i also see it as self defence in sheer stupidity.

[deleted account]

While the whole situation sucks.... it's better than a criminal who injures themselves while breaking into someone's home and then sues the homeowner for the injury.... and wins. I've heard that has happened.

This guy attacked and choked her, so it's self defense. She was in her own home, so he should've just left and he'd still be alive.

Carolee - posted on 10/23/2011

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I feel for the family of the idiot. But he attacked her, then went back for more. Both of them are at fault for something. It's sad that they couldn't just let it go, and something as simple as breaking a cell phone was allowed to end in an attack and a murder (in self defense). Something always gets left out of the story, though. I'm wondering what it is this time.

That being said, if somebody tries to break into my home, and I think they mean bodily harm, they will meet with either a sword or a battle ax.

[deleted account]

Im not saying murder in any form is exactly ok.... but what was she supposed to do, let him beat the door down and then start beating on her? Him going back to the apartment and engaging in another argument and then choking her only shows that he was intent on doing any kind of harm. She absolutely had every right to defend herself in her home,in any manner she felt was necessary.

As for his family being unhappy about how things went, I feel for them but he should have been using his head instead of inflicting bodily harm on his girlfriend.So now because of one mans mistake, an entire family has to live with the consequences of that mistake.

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