DA: ‘Make My Day’ Law Applies In Stabbing Case

FORT COLLINS, Colo. (CBS4) – A woman who killed a man with a beer bottle following a fight in Fort Collins earlier this month will not face charges.

The Larimer County District Attorney cited Colorado’s “Make My Day” law in his decision in a court hearing on Thursday.

Azura Lakin told CBS4 her former boyfriend Shaun Cassidy, 23, hit and choked her on Oct. 2 before she hit him with a beer bottle that broke and cut his neck. Cassidy died a few days later.

Cassidy’s family was at Thursday’s hearing and said they are upset with the DA’s decision. Cassidy’s grandmother, aunt and cousin drove over from Montrose to tell the judge that Cassidy was the victim of a deadly assault and that they think there should be charges filed.

“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,” said Cassidy’s aunt Colleen Countryman.

“She needs to be responsible for something,” said Cassidy’s grandmother Arlene Cassidy.

They say Cassidy was just trying to get his keys and wallet from Lakin’s apartment and that Lakin attacked him for breaking her cell phone but after the hearing Lakin told CBS4 she was defending herself.

“That night he got very drunk and he attacked myself and my sister. I was beaten and strangled and I defended myself and my sister and I wish that things had not turned out the way that they did and I’m very sorry for Shaun and his family,” Lakin said.

Arlene Cassidy says she thinks Lakin and her sister were at fault for allowing Cassidy in the apartment.

“I just don’t understand the law,” she said. “When they got him out they should have locked the door and called 911. And instead they opened the door the second time.”

“I wish that things had not turned out the way they did. I’m very sorry for Shaun and his family.

District attorney Larry Abrahamson told CBS4 that his office took a close look at whether Cassidy entered the apartment uninvited and if he was inside the threshold of the apartment. He said those facts led him to the decision that Lakin is immune from prosecution.

“The statute says you’re immune from prosecution if you’re protecting your protecting your home in that way,” said Abrahamson.

  • Bubble

    Yea we believe you…must be nice to have a dad that has enough money and pull to get you off clean.

  • miggs

    You had no marks on you in your mug shot Right?? Liar Shame on you..Do not speak ill of the dead

  • Jean

    Azura,,,,,you wanted to fight……….that’s why you opened the door again. You killed someone who loved you. I pity you……

  • nita

    Azura, this is AWESOME,,, thank you. You and your family just showed the world that money CAN get you EVERYTHING and thank you for the info on being able to KILL in Colorado under the Make Mt Day Law and and get away with it. You had NO marks on you in that wonderful mug shot. So Sorry for the Cassidy Family. My heart goes out you.As for Young Woman, God is gonna Whip your butt good for breaking 2 of the 10 comments ….feel free to write me, i would love to Stand in For God. :) <3

    • nita

      okay, so some spelling was wrong… i was angry and hurt for this family when i was typing this.
      BUT ,,, My point was made, and i Meant to say
      COMMANDMENTS.. you better be on your knee’s begging the Lord to forgive you. I WOULD NOT BE ABLE TO FORGIVE YOU. but it’s okay, you are sneaky and know how to play the Make My Day Law, heehee … so go ahead get another Cell phone and play again. maybe if Colorado is lucky ,,, the bottle will be in the other player’s hand.:) i wish i was a judge,, you would be someone’s little girlie in prison. but your judgement is coming. One greater than man can do. SWEEEEEEET.

  • truthful

    Azura is a liar! Shame on the Lakin Family for telling lies!!

    • nita

      Well sure sounds like its okay to be a LIAR in Colorado also. No wonder people want to live there, you can KILL and LIE and the LAW say’s it’s okay. :)

  • nita

    I lived in Colorado for 30 years and bragged that it was Gods Country, NOT anymore! The law is corrupt, you can murder, lie, and buy off government officials in Colorado. I am ASHAMED of you. Three stories told to three seperate government officials and she still walked. No bruises, no marks, but she was strangled and beaten???? God is watching you Azura Lankin and his punishments are harsh!!! You will be judged!!! By the way, if anyone needs to get rid of someone —move to Colorado, its ok to murder! ——————this is from my sister in law. i posted this for her… GET THE POINT AZURA.

  • cadler

    Azura Lakin is a hero. She refused to be a victim of domestic violence. If Shaun had taken his keys and wallet and left, he would be alive and Azura could continue life looking over her shoulder in fear of attack. I know a 20 something year old young woman living under the fear of an ex husband attacking her. How could anyone believe that Azura could have killed Shaun in any other way other than self defense (except perhaps his family and friends, who believe that violence against women is an accepted practice).

    • kinikin

      A hero? Come on………she could have stopped the whole thing by calling the police……instead she goes to the kitchen, gets a bottle, opens the door AGAIN. To me this says that she wanted to continue the fight. No 911 call……that would make to much common sense ……of which obviously she does not have. And if you read the report, she said she wouldn’t give him his wallet and keys. She could have just thrown them out the window instead of opening the door with a bottle in hand. What was her blood alcohol level? Maybe I just have to much common sense and I’m able to look at both sides. HERO?………not

    • truthful

      Azura had NO marks on her! Shaun did! I believe she was the agressor that night and if she would have given Shaun his keys we would not be talking about this right now. But she refused to do that! She invited him up!!! Get your facts straight. Azura took Sahun’s life that night, she opened the door for the second time with weapon in hand!! She prevoked the events of that short night, she said in her own words to the police that night. She’s a big girl come on!!! She was the agressorand the DA has no balls!!!

    • Tara Cassidy

      Yes cadler… we sit around on Friday nights letting our husbands beat on us!! FUN TIMES!!!! Give me a break… How dare you say we believe that violence against a woman is an acceptable pratice….. Shame on you. What we ARE saying is that Azura was never a battered woman…. again, I understand your a friend of the Lakin’s, so I will give you a pass…..

    • Bubble

      so you were there and know that Lakin is telling the truth. I guess only women are innocent until proven guilty. She changed her story after she found out he died. Are you going to sit there and tell me that doesnt raise an eyebrow?

  • cadler

    18-1-704.5 Use Of Deadly Physical Force Against An Intruder (“Make My Day law”)

    1. The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

    2. Not withstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any
    degree of physical force, including deadly physical force, against another person when that other person has
    made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

    3. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the
    provisions or subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

    4. Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the
    provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

    Victims and Perpetrators of domestic violence in Colorado. The above is the “make my day” law.

    • Tara Cassidy

      Um…… what about the part where she refused to give him his stuff… so he could GO HOME…. What about the part where she has NO… NONE…. NADA marks on her neck or face. What about the fact she had a week to tell what happened, “he broke my cellphone, and it made me mad” to, “He hit me and choked me” the SECOND she found out he had passed away. Last time I checked dead people can’t defend themselves or tell their side of the story. Her story keeps changing. I am sure you are a close friend of the Lakin family Cadler, so keep drinking the kool aid….

  • cadler

    I’ll admit the whole incident is a tragedy. But I hope that abused women (and men) will learn that they can defend themselves PRIOR to being injured. If the person intent on harm or PERCEIVED BY THE VICTIM as intending harm would understand that victims (girlfriend, ex girlfriend, wife, ex wife, roommate, ex roommate, husband, ex husband, boyfriend, ex boyfriend, acquaintance, significant other) can defend themselves with deadly force, perhaps they will use utilize other means to meet their legitimate goals (family member, mutual friend, phone call the next day, POLICE (best choice).

    Note: I’m a MAN sickened by the idea of domestic violence.

    • kinikin

      It’s to bad that Shaun didn’t PERCEIVE he was going to get killed…….

    • Bubble

      Note: I am a PERSON sickened by the idea of domestic violence weather its done by either sex. I am also a PERSON that knows people that change their story are probly lying.

  • Tara Cassidy

    Open door…. hand wallet and keys….. close the door….. lock the door…. if needed call 911….. pretty simple for someone who is feeling threatened…. not so much for someone who is wanting to cause drama.

    • Just stating the facts

      Weren’t there witnesses at the bar saying Cassidy was DRUNK and belligerent? ???
      I mean people who were actually there saw him in this state!!!! His family is making him the victim. Sounds as if this girl protected her self and it was this violent outraged man’s life or her own and she saved her own life and probably all of the others the drunkard would have bullied and abused.

      • Bubble

        Yep Lakin and two guys that are well known for hating Shaun and wanting to hook up with Lakin I wouldnt put too much stalk into what they say when the police report comes out i they will show who was drunk

      • Bubble

        I love that your name is Just stating the facts….anything Lakin said is alleged not fact last time i checked women are just as able to lie and commit violent acts as men. Poor poor little Lakin she is just as sweet and innocent as the morning sun….give me a break she has a long history of Drinking and getting violent but she kills someone and they look the other way I wonder how many feminists were on that panel.

  • kinikin

    If she was that afraid…….she could have just thrown the keys out the window. Violence against anyone is bad. But you need to read her first police report, it is sooooooo different from this last one. She is lying. I wish Shaun had perceived that she had a weapon in her hand. A PREMEDITATED weapon!!

  • Adrienne

    “If it was the other way around and it was her that was killed he’d be in jail” Um…no kidding…it was HER house?? And a “premeditated weapon”?? God forbid, I as a 22 year old woman need to defend myself and end up killing the attacker and people call what I use a premeditated weapon!!! If that’s happening…I’m going to grab whatever I can to survive!!! And you can switch around the whole “she should have called the police argument”. Why didn’t he call the police for assistance on getting his things out of the house?? I have no clue why not…? Oh wait…maybe it’s because he was drunk?? Just saying…Both had chances…neither took them. Just shows how fast things can escalate when we don’t think before we act.

    • kinikin

      He didn’t call the police because he didn’t have his phone……..If he was drunk, what about her……she was at the bar drinking too. And she was on probation for having 2 DUI’s. Shaun has NONE. She had the cell phone…….she should have called 911. And she did take the time between the door openings to go and get a bottle……..shows premeditation to me.

      • Adrienne

        I imagine it wouldn’t be too hard to go get a phone if he wasn’t drunk. And I’m not saying she wasn’t. I’m also sure there’s PLENTY of people in this world with DUI’s who would NEVER kill someone so that doesn’t really have anything to do with it. What I was saying was they both had chances and neither took them…the old saying…”It takes two to tango”. And while he was the victim he wasn’t innocent in it all. If you define “premeditation” as thinking to get a bottle to protect yourself? Then yes..i agree it was premeditated. But only one person can say what kind of premeditation it was-premeditated murder or premeditation to protect yourself. I own a gun, therefore I’m premeditating to protect myself if the need should ever arise.

    • Bubble

      So you know for a fact that every thing you just said is 100% true? Shame on you.

      • Adrienne

        I’m sure you don’t know exactly what happened 100% either. No one’s comments on here are 100% true. They’re opinions…and last time I checked I’m entitled to mine. Shame on…you.

  • Heather

    If people are going to keep saying Shaun was drunk then they need to back it up with some facts. I’ve been told by two different sources that Shaun’s BAC was low enough that he would have been legal to drive. However, I don’t know that to be an absolute fact so I’m not spouting my mouth off about how he was stone cold sober that night. Saying nasty things about someone without knowing the facts is juvenile and hurtful to the family that is grieving. Oh, and “Just Stating The Facts”, Shaun IS the victim. Azura is the DEFENDANT. Let’s not forget that, ok dear?

  • Frank G.

    Maybe she didn’t give him the keys because she didn’t want him to drive drunk, and God forbid drive all the way to Montrose after a night of drinking.. Who cares about his blood alcohol level, obviously he was messed up enough to be in such a rage and violently try to get his items back. Why has his family not apologized for the abusive actions their family member inflicted on her. He should have had the self control to peacefully or at least try to peacefully retrieve his items. Innocent people on the road could have been involved. This is probably not the first incident of abuse whether it be physical or emotional abuse. Stop defending his choice to lay his hands on her, whether she opened the door or not. The DA cannot be bought, they look at all reports, justice was served. God Bless

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