JUDGE REJECTS DEFENSE REQUEST TO REDUCE CHARGE AGAINST SHERIFF STINES
Sheriff Mickey Stines was “mostly calm” after shooting District Judge Kevin Mullins to death in his chambers, a detective with the Kentucky State Police testified during a preliminary hearing in Morgan County District Court on Tuesday.
When taken into custody, he told and officer that “They were trying to kidnap my wife and kid,” Detective Clayton Stamper said.
His only other statement: “Treat me fair.”
Stines stands charged with first-degree murder in the shooting. Mullins, still dressed in his black robe, was shot to death September 19 in his chambers. Video from a security camera in the judge’s office captured the moment of his death, and a short clip from it was played in court.
The testimony at times resembled rumors flying around the county, when the defense elicited testimony from Stamper than Stines attempted to call his daughter using Mullins’s phone when he shot and killed the judge.
Stamper, lead investigator in the case, said Stines attempted to call his daughter on his own phone first, then borrowed the judge’s phone and tried to call her from that phone. It was not clear whether this occurred before or after the shooting, but under cross examination by defense attorney Jeremy Bartley, Detective Stamper said Stines stood up immediately after looking at Mullins’s phone and shot the judge.
Bartley questioned Stamper if there was any evidence of a problem when the two men had lunch together earlier, and Stamper said there was not. But he said the judge at one point had asked Stines if they needed to speak privately in his chambers. Under questioning later, he said Kentucky State Police also took a phone belonging to the sheriff’s office employee, an unsworn employee, who had given up her phone voluntarily. That phone allegedly showed text messaging between her and the sheriff prior to the shooting.
Stamper testified several times that he had no direct knowledge of what was on any of the telephones or what witnesses told other detectives, despite Bartley’s repeated questions.
When the hearing was over, Judge Rupert Wilhoit said he found probable cause to the send the case to a grand jury, a ruling Bartley objected to, saying he might change the judge’s mind.
“Take your best shot,” Wilhoit said.
Bartley said the prosecution could not rebut the possibility that the shooting occurred “under extreme emotional disturbance,” and therefore did not qualify for a first-degree murder charge.
“I think they’ve established probable cause for manslaughter first and not murder. I have heard nothing today to indicates this is not an example of an extreme emotional disturbance relation to the phone,” Bartley said.
Special Prosecutor Jackie Steele referred back to the video as showing Stines shot and killed the judge intentionally, and said it does support the murder charge.
Judge Wilhoit did not change his ruling.
In related news, Letcher Judge/Executive Terry Adams appointed Deputy Sheriff Billy Jones to take over the office of sheriff. Jones, who had been the school resource officer, took the oath of office about a half-hour before the preliminary hearing for Stines began.