Prosecutors are still trying to decide whether a Fort Collins woman should face assault charges in connection with the stabbing death of her estranged boyfriend, according to a recent CBS Denver story.
An arrest affidavit showed that 20-year-old Azura Lakin stabbed her estranged boyfriend with a beer bottle during a fight.
Lakin told police that she hit the her estranged boyfriend twice with the beer bottle because he had broken her cell phone. The altercation took place just outside her apartment. She told officers that it felt “different” when she hit the victim with the bottle the second time. He later died from his injuries.
She was arrested on suspicion of second-degree assault and was later released on bond. Prosecutors are trying to determine if Lakin acted out of self defense, which would clear her under the state’s Make My Day law. Under this law, an occupant of a dwelling has the right to use any degree of physical force against anyone who unlawfully enters their home, and/or the occupant has reason to believe that a person unlawfully entering their home has committed or intends to commit a crime, and/or the occupant believes person may use physical force against the occupant.
An occupant who uses physical force, including that which is deadly, that results in the death of another person under these circumstances would not face criminal charges nor any civil liability. A Colorado criminal defense attorney can explain the state’s Make May Day laws in greater detail.