WHITESBURG, Ky. — A former Letcher County sheriff charged with murder is asking a judge to rule out the death penalty before his case goes to trial.
Attorneys for former Sheriff Shawn Mickey Stines filed a motion Monday requesting a hearing to determine whether Stines has a serious intellectual disability or serious mental illness, as defined by Kentucky law. If the court makes that finding, state law would prohibit prosecutors from seeking the death penalty.
Stines is charged with murder for the Sept. 19, 2024, shooting death of Letcher District Judge Kevin Mullins in the judge’s chambers.
The motion asks the court to schedule a hearing where sealed and other evidence related to Stines’ mental health and intellectual functioning could be presented. Defense attorneys say the hearing must be held well in advance of trial so the court can make a ruling at least 90 days before proceedings begin.
The defense notes the motion is being filed to preserve Stines’ rights under state law but asks that the hearing be scheduled only after a pending judicial recusal issue is resolved.
Stines’ defense asked that Special Judge Christopher Cohron recuse himself from the case, after learning that Cohron and Mullins attended a meeting and sat together one week before Mullins’ death. The Kentucky Supreme Court issued a ruling last month leaving that decision up to Cohron, but said it would consider a defense request to reconsider if Cohron decides to stay on the case.
If the judge determines Stines meets the statutory criteria, the death penalty would be excluded as a possible punishment, and jurors would not be questioned about capital punishment during jury selection.
