PIKEVILLE, Ky. — The prosecution has now gone on record as opposed to a former assistant county attorney’s request that he be given probation for his evidence tampering conviction.

Donald Kyle Deskins, 50, of Kimper, was indicted in 2023 on charges of murder and evidence tampering for the 2021 death of his wife, Judith Deskins. After his first trial ended in a hung jury, Deskins agreed to enter an Alford plea to one count of evidence tampering in exchange for a five-year sentence.

An Alford plea allows a defendant to maintain his innocence while admitting that the evidence in the case would likely result in his conviction. It serves as a guilty plea for sentencing purposes.

But last week, Deskins asked that his sentence be probated, saying that sending him to prison would have a negative effect on his two children.

Prosecutor Tony Skeans filed a response against that request Friday.

Skeans says because Deskins was a public official when the crime occurred, his “egregious breach of ethical and legal standards” require him to face real consequences to “preserve public confidence in the integrity of the justice system.”

“At the time the criminal conduct occurred, the defendant was employed full time as an assistant county attorney — an officer of the court and a sworn representative of the commonwealth,” Skeans wrote in his response. “As such, he occupied a position of public trust, legal authority and ethical responsibility. The offense of tampering with physical evidence, committed whil serving in that public capacity, represents a profound betrayal of that trust and a deliberate undermining of the very legal system the defendant was duty-bound to uphold.”

Deskins is scheduled to be sentenced in a Perry County courtroom this Thursday.