Kentucky - Judge killed, sheriff arrested in Letcher County courthouse shooting - Sep. 19, 2024 # 2

[Friday Fan]

I don't know what to make of the kidnapping comment.
Honestly, until we hear the motive straight from Stines himself, I really don't know what to think about any of this.

He may never speak because he has the right to remain silent.

 

[AugustWest]

So, hypothetically, if for whatever reason, the GJ didn’t think that the evidence presented to them rose to the level of murder, then no charges would be brought against MS and it would be “over” correct?

For that particular grand jury, yes. However, the charge is dismissed without prejudice, and the prosecutor can seat another grand jury to bring the charge again. Grand juries are normally a rubber stamp on indictment.

See: Rule RCr 5.22 - Procedure upon failure to indict, Ky. R. Crim. P. RCr 5.22 | Casetext Search + Citator

(4) Failure of the grand jury to return an indictment against a defendant does not prevent any charge against such defendant from being submitted to another grand jury.

 

[tlcya]

So, hypothetically, if for whatever reason, the GJ didn’t think that the evidence presented to them rose to the level of murder, then no charges would be brought against MS and it would be “over” correct?

unless the commonwealth THEN responded by putting a request for manslaughter or some lessor charge before the GJ after it declined to indict for murder. I don't think anything prevents them from doing that.

If as @AugustWest explained above the GJ isn't given the leeway to decide to charge him with something lessor than the murder charge brought before them by the commonwealth, I assume the commonwealth has the option of revisiting GJ with a bid for a lessor charge.

Not that I think MS won't be indicted on the current charge, because I think it is hard to deny video evidence of the shooting and the fact that the judge was unarmed. I think it more likely he will be indicted and then when trial time comes defense will ask that the judge to instruct the jury on several other possible lessor charges they could find if they do not find MS guilty of murder. Then at trial argue the extreme emotional disturbance/manslaughter angle.

 

[AugustWest]

unless the commonwealth THEN responded by putting a request for manslaughter or some lessor charge before the GJ after it declined to indict for murder. I don't think anything prevents them from doing that.

If as @AugustWest explained above the GJ isn't given the leeway to decide to charge him with something lessor than the murder charge brought before them by the commonwealth, I assume the commonwealth has the option of revisiting GJ with a bid for a lessor charge.

Not that I think MS won't be indicted on the current charge, because I think it is hard to deny video evidence of the shooting and the fact that the judge was unarmed. I think it more likely he will be indicted and then when trial time comes defense will ask that the judge to instruct the jury on several other possible lessor charges they could find if they do not find MS guilty of murder. Then at trial argue the extreme emotional disturbance/manslaughter angle.

He's going to be indicted for murder. If not this time, then next time. Every element of the crime is on that video.

 

[Seattle1]

So, hypothetically, if for whatever reason, the GJ didn’t think that the evidence presented to them rose to the level of murder, then no charges would be brought against MS and it would be “over” correct?

Hypothetically, I think every existing video of the shooting in the universe would have to vanish, as well as the weapon, for a grand jury not to indict on murder, and the case to be over. And I don't see any of the above happening.

 

[tlcya]

He's going to be indicted for murder. If not this time, then next time. Every element of the crime is on that video.

absolutely agree with you on this.

 

[Harriett_Eva]

the fact that the judge was unarmed

Do we know that for a fact? Was it mentioned? Or was he unarmed in the video clip shown and assuming from that? I can’t remember-

MS obviously shot the judge - that is undeniable- the almost instant murder charges were kind of odd- as is a lot with this case-

 

[Parsnip]

DBM: lack of referent

 

[Parsnip]

Do we know that for a fact? Was it mentioned? Or was he unarmed in the video clip shown and assuming from that? I can’t remember-

MS obviously shot the judge - that is undeniable- the almost instant murder charges were kind of odd- as is a lot with this case-

Per KSP during the PC hearing, no gun was found on the judge or in chambers.

 

[Seattle1]

Do we know that for a fact? Was it mentioned? Or was he unarmed in the video clip shown and assuming from that? I can’t remember-

MS obviously shot the judge - that is undeniable- the almost instant murder charges were kind of odd- as is a lot with this case-

Yes, per the sworn testimony of lead detective Clayton Stamper:

DEFENSE - Okay, so you're carrying the case. So I want to make sure I understand - had Judge Mullins been removed from chambers when you arrived.

DETECTIVE - No.

DEFENSE - Were you able to ascertain - did he have a firearm on his person?

DETECTIVE - We did not locate one.

DEFENSE - You did not locate one?

DETECTIVE - No, there was not one in the chambers.

DEFENSE - Okay, and there was none on his person?

DETECTIVE - No.

Post in thread 'Kentucky - Judge killed, sheriff arrested in Letcher County courthouse shooting - Sep. 19, 2024'

Yesterday at 1:17 AM

Erm I apologise in advance for the length....

PROBABLE CAUSE HEARING

1ST OCTOBER

PROSECUTOR - Can you state your name for the record?

DETECTIVE - Clayton Stamper.

PROSECUTOR - How are you employed?

DETECTIVE - I'm a detective with the Kentucky State Police assigned to post 13 hazard.

PROSECUTOR - How long have you been employed?

DETECTIVE - I've been with KSP a little over 24 years. A detective since 2006.

PROSECUTOR - And have you in the (inaudible), have you investigated the death of Kevin Mullins?

DETECTIVE...

• Allabouttrial

• 
• 
• 

 

[tlcya]

Do we know that for a fact? Was it mentioned? Or was he unarmed in the video clip shown and assuming from that? I can’t remember-

MS obviously shot the judge - that is undeniable- the almost instant murder charges were kind of odd- as is a lot with this case-

he was unarmed in the video shown at hearing. The defense attorney also made a point when questioning the investigator at the hearing to ask if any firearm had been found in the judge's chambers and had LEOs searched for one. The investigator stated they had searched for one and no gun was found. The questions were not about the sheriff's weapon as they had already discussed Stines having turned his over, so they were discussing any potential weapon in relation to Mullins. There was none.