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Kentucky sheriff’s attorney weighs in on evidence of involuntary manslaughter defense

Kentucky sheriff’s attorney weighs in on evidence of involuntary manslaughter defense

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Former Letcher County Sheriff Shawn “Mickey” Stines is currently in jail, facing murder charges in the shooting death of District Judge Kevin Mullins in county court last month.

At a court hearing last week where attendees were shown footage of the shooting, Judge Rupert Wilhoit found probable cause that Stines pulled the trigger on Sept. 19 and sent the case to a grand jury. But Jeremy Bartley, the attorney hired to represent Stines, argued that the ex-sheriff should face a different charge – first-degree manslaughter.

Speaking with Wilhoit near the end of the Oct. 1 preliminary hearing in Morgan County, Bartley said he believed evidence he had seen, including testimony that afternoon from Kentucky State Police Detective Clayton Stamper, suggested that the shooting was the result of “extreme emotional disturbance.”

This language is included in Kentucky’s law defining manslaughter. A person is guilty of a Class B felony under a number of circumstances, such as killing someone while trying to hurt someone else or killing someone under circumstances that do not constitute murder because they are “under the influence.” extreme emotional disorders.”

In Kentucky, a Class B felony is punishable by 10 to 20 years in prison, while a murder conviction can range from 20 years in prison to life in prison. The death penalty is also in play, although Kentucky has not executed an inmate since 2008 and a court order has banned executions since 2010.

The video shown in court earlier this month contains no sound and showed only the shooting, a 24-second clip that showed a man identified as Stines repeatedly shooting Mullins in the judge’s court office before leaving the room left. A few minutes later he turned himself in to the police at the crime scene.

But during testimony, Stamper said the events immediately preceding that clip, which were also captured on video but not released, showed Stines using his own phone to call his daughter and then using the judge’s phone to call his to call daughter.

Bartley asked Stamper about the calls in court but declined to speculate on what relevance it might have to comments to reporters after the hearing. Still, he said he believes “what happened in the moments before what they showed is just as important as the part we saw.”

“I left the hearing today with many questions that I still had unanswered,” said the lawyer in the afternoon. “We hope that more light will be shed on the previous events. But again, this is a preliminary hearing in district court and we certainly look forward to delving into the full version.”

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Defense attorney Jeremy Bartley after Shawn.Stine’s preliminary hearing

Defense attorney Jeremy Bartley for Shawn “Mickey” Stines spoke after his preliminary hearing in Morgan County District Court.

Bartley could not be reached for further comment on Wednesday. But he told People magazine the shooting “occurred in the heat of passion” and said he believes “the highest level of guilt should be manslaughter based on the partial defense of extreme emotional disturbance.” “.

Stines is currently still charged with one count of murder in the case. Commonwealth’s Attorney Jackie Steele, who is prosecuting the case with Attorney General Russell Coleman’s office, did not dispute Bartley’s testimony in court, but noted that the hearing was only intended to establish probable cause that Stines intentionally shot Mullins has. Wilhoit agreed and referred the case to a grand jury before adjourning.

A motive for the killing has not been released, but it was not a random shooting. Mullins and Stines had known each other for years.

Stines served as a bailiff at Mullins Court before being elected sheriff in 2018. Mullins had served in the role since his appointment by then-Gov. Steve Beshear in 2009 and won an election the following year. Both men were from Letcher County and have family members who live in the community.

Stines is also a defendant in an ongoing federal case in which he is accused of failing to properly train and supervise a deputy who, several years ago, favored several women under house arrest in exchange for sexual favors in Mullin’s private chambers, where there were no cameras treated at that time. Mullins was not accused of wrongdoing in the case, and plaintiffs’ attorneys said they did not know whether the lawsuit played a role in the shooting.

Stines’ next court date in the murder case has not yet been set because the grand jury has not yet returned an indictment. He pleaded not guilty at an initial hearing last month and has since resigned as sheriff of Letcher County in southeastern Kentucky on the Virginia border.

Letcher County coverage: “We’re really hurting”: Judge’s murder and sheriff behind bars shake Whitesburg

Reach Lucas Aulbach at [email protected].