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Mother Accused Of Killing Her 9-Year-Old Son Won’t Face Death Penalty

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Lisa Lesyshen in court on Nov. 13, 2013. (credit: CBS)

Lisa Lesyshen in court on Nov. 13, 2013. (credit: CBS)

STEAMBOAT SPRINGS, Colo. (CBS4) – Prosecutors will not seek the death penalty for a woman accused of killing her 9-year-old son.

Lisa Lesyshen awaits trial for the death of Asher Lesyshen-Kirlan last May in their home near Steamboat Springs. Prosecutors say she shot him and then shot herself, but she survived.

“Our office conducted a thorough evidentiary and legal analysis under Colorado’s death penalty law which requires the comparison of statutory aggravating criteria against available mitigating evidence. As part of our review, we sought input from Asher’s father, Michael Kirlan,” District Attorney Brett Barkey said in a statement. “We also consulted closely with the Routt County Sheriff’s Office who responded to the scene and led the investigation.

“After carefully considering the evidence, the legal analysis, the recommendations of the Routt County Sheriff’s Office and Mr. Kirlan’s desires, I have concluded that seeking the death penalty is not appropriate in this case.”

Lesyshen faces charges of first-degree murder and child abuse resulting in death. An arraignment is set for February.

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