PRESTONSBURG, Ky. — A special judge from Boyd County has dismissed claims against the City of Prestonsburg, its police department and several county officials in a lawsuit filed by the estate of Amber Spradlin, who was murdered in June 2023.

Judge John Vincent granted summary judgment to the defendants in an order entered Wednesday.

The lawsuit, filed by Spradlin’s estate, alleged that decisions involving emergency dispatch services and the operation of the 911 system contributed to failures in the response to her death.

The estate alleged that members of the Floyd County Fiscal Court improperly transferred emergency dispatch services to Prestonsburg and that the city and its police department failed to adequately plan, staff and operate the system.

The court ruled that Judge-Executive Robbie Williams and magistrates Mark Crider and George Ousley were protected by legislative immunity for their actions involving the dispatch agreement. The judge also granted summary judgment to the City of Prestonsburg and the Prestonsburg Police Department, finding that the Kentucky Claims Against Local Government Act barred the claims against them.

The court noted that the lawsuit challenged discretionary governmental decisions, including how the 911 system was planned, staffed and operated.

Claims against former Prestonsburg Police Chief Randy Woods and former Mayor Les Stapleton in their official capacities were dismissed as redundant. However, the court’s order allows claims against Woods and Stapleton in their individual capacities to proceed.

The ruling does not resolve the entire lawsuit, but it dismisses all claims against the defendants who sought summary judgment.

Spradlin was murdered at the home of Michael McKinney II during the early morning hours of June 18, 2023. The court’s order states that two calls were made from McKinney’s residence, with the second call requiring an emergency response.

The Kentucky State Police investigated Spradlin’s murder.

The case remains pending against Woods and Stapleton in their individual capacities, as well as against Michael McKinney, M.K. McKinney and Roy Kidd.

A copy of the judge’s Findings of Fact, Conclusions of Law, and Summary Judgment follows:

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PRESTONSBURG, Ky. — Big Sandy Community and Technical College has named Susan Ellis its new dean of health sciences.

Ellis, a registered nurse with more than 40 years of experience in nursing, health care leadership and education, said returning to the college “feels like coming home.”

“I am especially passionate about helping students pursue their education in the Health Sciences,” Ellis said. “I want to share not only my knowledge and experience, but also the compassion and commitment.”

Ellis began her nursing education at what was then Prestonsburg Community College, earning an associate degree in nursing in 1983. She later earned a bachelor’s degree from Marshall University and a master’s degree from the University of Kentucky.

Most recently, Ellis served as program director at Galen College of Nursing’s Pikeville campus. Her career also includes serving as chief nursing officer at Highlands ARH Regional Medical Center and in leadership roles at Highlands Regional Medical Center and Highlands Health System.

“Having an experienced health care leader like Ellis return to Big Sandy is a tremendous asset to our college and the communities we serve,” said Dr. Samuel Todd Brand, the college’s chancellor. “Her experience and passion for nursing education will help us continue preparing students for careers in health care and meeting the needs of our region.”

Ellis also serves on the Kentucky Board of Nursing and the BSCTC Nominating Commission. She said she is grateful for the opportunity to help prepare future health care professionals and strengthen the health of the community.

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Election Day ended in Kentucky with Pikeville choosing its new direction, Republicans strengthening their hold on Pike County government, and incumbents surviving some hard-fought challenges in Floyd County.

In Pikeville, Bob Shurtleff is the new mayor. He will be joined on the city commission by Frank Dawahare, Allison Powers, Don Combs and Patrick McNamee.

Also in Pike County, Republican Darrell Pugh was re-elected county clerk and another Republican, Ricky Bostic, was elected Pike County’s new jailer.

The Pike County fiscal court was a Republican sweep, with Ronald Scott, Ronnie Robertson, Cliff Smallwood, Clinard Bubby Adkins, Joshua Mayhorn and Jerry Freddie Lewis all being elected magistrates. They will join Republican Judge-Executive Suzy Shearer, who had no general election competition, to form an all-Republican fiscal court.

Over in Floyd County, Judge-Executive Robbie Williams won a tight race for re-election by 177 votes. District Judge Tyler Green held off a strong challenge from state Rep. Ashley Tackett Laferty, who chose not to return to Frankfort next year to run for a judicial seat instead.

Sheriff John Hunt and Jailer Steve Little also won re-election by more comfortable margins.

Hal Rogers was re-elected to a 24th term in Congress over Prestonsburg Democrat Ned Pillersdorf.

Tanner Hesterberg is the new 95th District state representative and Bobby McCool was re-elected in the 97th district.

The U.S. Senate race remained competitive for much of the night, but Republican Andy Barr ultimately emerged victorious over Democrat Charles Booker by a 55-to-42 percent margin in the race to replace retiring U.S. Sen. Mitch McConnell.

You can find full vote totals and race reactions for these and other races on the Mountain Top News Facebook page.

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Some concern over bias in Amber Spradlin case.

The post Commonwealth’s Attorney Brent Turner explains how jury selection works appeared first on Mountain Top Media.

Defense claims one DNA sample implicates family friend Roy Kidd

The post Judge Eddy Coleman denies motions in Amber Spradlin hearing today appeared first on Mountain Top Media.

The new financing initiative focused on supporting businesses and non-profits in eastern Kentucky.

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Senator Rand Paul was in eastern Kentucky last week to promote the Eastern Kentucky Leaf Trail and Blossom Byway, the regional tourism initiative he launched last fall. The initiative is designed to connect scenic mountain landscapes and boost economic development across eastern Kentucky.

While here, he presented the U.S. Senate Small Business of the Week Award to both Brothers Wright Distillery in Pikeville and Copperhead Gun & Range in Prestonsburg. The award recognizes businesses for their contributions to the local economy and community. Before leaving the area, Dr. Paul met with Johnson county officials to discuss tourism, economic development and other ongoing projects.

In a press release issued by his office, Dr. Paul said “The Big Sandy region has everything it takes to be a destination, from our lakes and mountains to the small businesses that make these towns special. I’m going to keep coming back and keep making the case for Eastern Kentucky, because the rest of the country deserves to see what we already know.”

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PIKEVILLE, Ky. — A pretrial conference was held Friday, Oct. 30, in the Amber Spradlin murder case.

Spradlin’s body was found June 18, 2023, at the Arkansas Creek home of Prestonsburg dentist Dr. Michael McKinney.
McKinney’s son, M.K. McKinney, has been charged with her murder, while both McKinneys and family friend Josh Mullins are charged with multiple counts of evidence tampering for allegedly trying to cover up the crime.

Actions taken include:

• The biggest issue on the docket involved motions filed by defense attorneys for all three defendants, seeking to release M.K. McKinney from home incarceration and to lower the bonds for Dr. McKinney and Mullins to $5,000. The motion for M.K. McKinney called into question the DNA evidence, saying their interpreation of the results was that it pointed to a different person as the killer. Prosecutors objected to all of the requests. Special Judge Eddy Coleman made short work of the matter, saying he was denying all of the motions. “I have carefully reviewed the motions and the responses to the modified bail,” Coleman said shortly after convening the hearing. “I am going to summarily deny those motions without argument. I didn’t see anything presented in the motions that would have circumstances that would suggest additional changes in bail are necessary. All of the defendants are free on bail. We’ve even accommodated one defendant by releasing additional money from his bail. If you’re aggrieved by that, the remedy is appeal to the Court of Appeals. I’m not going to consider any argument or entertain any argument in this hearing about the merits of the Commonwealth’s proof. That is strictly to be left for the province of the jury. I’m just not going to entertain it.”
• Commonwealth’s Attorney Brent Turner said all of the DNA testing is complete and the final reports on the results are in the hands of attorneys. The delay in DNA testing has been the primary reason for the case being delayed as long as it has.
• Judge Coleman rescheduled the next hearing in the case. It was originally slated to be held Dec. 4. He moved it to Dec. 7, at 10 a.m.
• Coleman also granted a request for Dr. McKinney to travel out-of-state for three days to take part in continuing education required for his dental license.
• There was also some discussion about jury selection. Coleman informed the parties he has decided against using jury questionnaires and will instead proceed with individual questioning of prospective jurors. Coleman also said he is calling in two jury pools containing 250-to-300 prospective jurors from which to select a jury.

Trial for all three defendants is scheduled to begin Jan. 11.

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PIKEVILLE, Ky. — Prosecutors are pushing back against a defense attorney’s interpretation of DNA evidence in the investigation into Amber Spradlin’s 2023 killing, arguing that the results cited in a request to remove a murder defendant from home incarceration are selective and, in some instances, inaccurate.

In a response filed in Pike Circuit Court, Floyd County Commonwealth’s Attorney Brent Turner asks Special Judge Eddy Coleman to deny M.K. McKinney’s request to be removed from home incarceration. McKinney is charged with murder in Spradlin’s death.

McKinney’s attorney, Steven Romines, cited a recent Kentucky State Police laboratory report in arguing that DNA evidence points to Roy Kidd, a friend of Spradlin’s, and supports easing McKinney’s release conditions.

Turner argues the report must be considered alongside other laboratory findings and says the evidence does not establish that someone else killed Spradlin. He also argues the DNA evidence does not provide a basis for changing McKinney’s release conditions, which he says should remain in place ahead of trial, scheduled for Jan. 11.

The prosecution’s response challenges several specific claims in the defense motion.

DNA on clothing and a sock

Romines argued that Kidd’s DNA was found on Spradlin’s clothing and on items recovered from her body. Turner says testing of 11 samples from Spradlin’s T-shirt, bra, pants, belt and socks found no foreign DNA on nine samples. DNA on the remaining two samples was too limited for meaningful comparison, according to the response, which cites another state police laboratory report.

Turner also disputes the defense’s characterization of a sock sample. The latest report identified Kidd as a contributor to an interpretable DNA profile from a sock described as belonging to Spradlin. However, the prosecution says Spradlin herself was excluded as a contributor to that profile and argues the evidence does not establish that the sock was one she wore when she died. The response goes on to say that Spradlin’s socks were still on her feet

DNA on Spradlin’s shoes

The defense motion said testing of cuttings from Spradlin’s shoes identified Kidd’s DNA. Turner says Kidd was identified on only one of six samples taken from the shoes and was excluded from the interpretable DNA on the other five.

The prosecution also notes that Spradlin’s shoes were found on the floor beside her body rather than on her feet. Turner says Kidd had a bleeding cut under his chin that night and that his DNA was also identified on items belonging to other people in the home.

DNA on a bedroom door and hair clip

The defense suggested Spradlin’s blood may have been transferred to a master bedroom door by Kidd’s hands. Turner says laboratory testing excluded Kidd as a contributor to the DNA profile recovered from the door, which the response describes as Spradlin’s DNA alone.

The prosecution also disputes the defense’s suggestion that Kidd’s DNA on Spradlin’s hair clip shows he may have grabbed her hair during the attack. Turner argues that DNA testing cannot establish how or when a person’s DNA was deposited on an item and calls the proposed explanation speculation.

Evidence from the basement bedroom

The prosecution acknowledges that Kidd’s DNA was identified on multiple items in the basement bedroom where he slept, including sheets, a bed railing, the foot of the bed, a nearby trash bag, a garbage can and an adjacent bathroom door facing.

However, Turner says Spradlin’s DNA was not identified in those samples. He argues that the findings must be considered in the context of Kidd’s presence in the home and do not, by themselves, establish that Kidd killed her.

DNA beneath Spradlin’s fingernails

Turner also challenges the defense’s assertion that McKinney’s DNA was not found near the crime scene. The response says male DNA recovered from clippings of Spradlin’s right-hand fingernails matched the McKinney paternal lineage, which includes the defendant, but did not match Kidd or Josh Mullins.

The prosecution also points to surveillance video that it says shows McKinney leaving the area at approximately 8:30 a.m. and to scratches documented on his arms. Turner says the Commonwealth’s forensic medicine expert has identified the marks as fingernail scratches.

The response emphasizes that the prosecution is not asking the judge to decide the case based on the competing interpretations of the DNA evidence. Turner argues those issues are for a jury to consider at trial.

The filing asks Coleman to deny McKinney’s motion and leave home incarceration in place.

The laboratory report cited by the defense cautions that DNA results do not establish the circumstances in which DNA was deposited on an item and should be considered alongside other evidence. The competing interpretations in the court filings are allegations and arguments, not findings by a jury.

A copy of the prosecution’s response follows:

The post Prosecution disputes defense claims about DNA evidence in Amber Spradlin murder case appeared first on Mountain Top Media.

PIKEVILLE, Ky. — The three defendants charged in connection with the 2023 killing of Amber Spradlin are asking a Pike County judge to ease their pretrial release conditions, with two motions citing new DNA testing that identified evidence of another man’s DNA on multiple items connected to the investigation.

The motions were filed this week in Pike Circuit Court and are scheduled to be considered Friday by Special Judge Eddy Coleman.

Spradlin’s body was found June 18, 2023, at the home of Prestonsburg dentist Dr. Michael McKinney. McKinney’s son, M.K. McKinney, is charged with her murder, while both McKinneys and family friend Josh Mullins also face evidence-tampering charges alleging they tried to conceal the crime.

M.K. McKinney is asking to be removed from home incarceration. Michael McKinney is seeking to reduce his bond to $5,000 cash and eliminate additional restrictions, including drug testing and travel limitations. Josh Mullins is asking the court to convert his $50,000 full cash bond to a partially secured bond, which would require payment of 10% of the bond amount, and remove any remaining discretionary nonfinancial conditions.

A Kentucky State Police laboratory report filed with the motions documents DNA testing on evidence collected during the investigation. The report identifies Roy Kidd, Spradlin’s friend who went with her to Seasons Inn and later to McKinney’s home, as a contributor to male DNA profiles found on several items, including bedding and other materials from a basement bedroom, a bathroom sink and a sock belonging to Spradlin.

The report also found DNA attributed to Kidd in a mixture recovered from Spradlin’s hair clip and a cutting from her shoes. The laboratory described the results as providing “very strong support” for Kidd’s inclusion as a contributor to those profiles.

The defense motion cites only one report from the state crime lab, although court records note there are 17 more. The report does not determine how or when the DNA was deposited. It cautions that DNA findings must be considered alongside other information in the case and do not establish the circumstances in which the DNA was left.

M.K. McKinney’s attorney, Steven Romines, argues in the motion that the results support removing his client from home incarceration. The filing says McKinney’s DNA has not been identified in the tested evidence in a way that links him to the crime and contends the new results support the defense’s position.

“Roy’s DNA was found on Amber literally from her head to her feet,” Romines wrote in his motion.

Dr. McKinney’s motion also cites the DNA report, arguing that the evidence does not individually identify him as the person who committed the crimes. His attorney is asking the court to set a $5,000 cash bond and lift the remaining nonfinancial restrictions.

Mullins’ motion focuses on his compliance with release conditions. His attorney says Mullins has attended court appearances, avoided violations and maintained full-time employment or college enrollment. The motion also argues the forensic evidence disclosed so far does not establish a reliable, individualized link between Mullins and the alleged crimes.

The motions only represent arguments by the defense. Prosecutors have not yet had a chance to respond to the motions, and the court has not issued a ruling.

The motions are likely to be argued during the next hearing in the case, scheduled for 10 a.m., Friday, in Pike Circuit Court. Mountain Top News will be in the courtroom and plans to livestream the proceedings.

Copies of the motions and the DNA report follow:

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