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

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With so much positive things being said by community members, I can't help but wonder if this was an accident and not an intentional murder.
I’m afraid I have very little faith in the people of the area to be able to judge a man they voted for. Lots of murderers have tons of character witnesses going “but he was such a great guy!”
 
Okay, fair enough. I don't know enough about the American system.
the sort of crazy thing is that usually when LE is involved in a work related shooting, they are put on desk duty for awhile because it considered to be a disturbing encounter. He turned in his gun when he was arrested, so maybe he put himself on desk duty- was it his service weapon that he used for this or some other weapon? He is in custody so not doing sheriff duties, right?
 
It looks like the ball is in the sheriff's court. I found another authority on the governor's inability to remove a county elected official. Remember the county clerk that refused to issue marriage licenses to same sex couples a few years ago?

The wikipedia article about her cites a CNN story where it is stated that the governor has no legal authority to remove her or relieve her of her duties.


Kentucky law seems to treat most elected officials in the same way so I would think this restriction on the governor applies to sheriffs as well.

It would seem it would take an act by the General Assembly to impeach him and the grounds would have to be malfeasance, misfeasance, or willful neglect of his duties. There would likely also need to be an impeachment trial in the Senate. I would think he would have the right to defend himself in person which would be a major hassle. It's also not at all clear that what he did would even meet the bar for malfeasance or misfeasance. Misfeasance is civil abuse of power. Malfeasance is a criminal abuse of power. But he can just say he acted as himself when he shot the judge. He is unable to exercise his duties while in custody but that is hardly "willing."

I do think he should resign. But if he chooses NOT to, there seems to be very little anyone can do to force him out.

Oh, and by the way, the legislature is in adjounnment so it would require the governor to call a special session!


IMO, Kentucky needs to pass some constituional amendments to deal with the crazy world we live in!
 
My gut is telling me that both these men were into something that they shouldn't be and someone crossed the line. This is personal.
I'm beginning to think this could even be about county finances. Maybe not even that the sheriff or judge were doing anything wrong but there are so many stories floating around, not rumors, but local news stories about finances being very tight. The sheriff was pushing for liquor sales to generate tax revenue, he posted about fiscal troubles when he took office.

I could imagine a scenario where maybe they were unable to make payroll or pension fund collapsing that could have sent the sheriff into a rage. I have not heard that happening in Letcher county so this is just speculation but it could certainly set someone off!
 

9/22/24

The sheriff and the judge had worked closely together to take on drug addiction in their county, Mayor Todd Depriest of Jenkins said. The mayor said he was now trying to figure out how to move forward without them.

“How do we honor their work?” he asked. “Yes, somebody killed somebody, but a lot of good went on before. Those two men did a lot of good work.”

Several mourners knew both Judge Mullins and Sheriff Stines personally.

Among them was Emory Mullins, a 67-year-old distant cousin of the judge’s who owns Letcher Flower Shop, which provided the flowers for the service. Mr. Mullins remembered his cousin as a “wonderful person,” and said that “everybody” liked both Judge Mullins and Sheriff Stines.

“It’s hard on this little community,” Mr. Mullins said.
 
KY. Officials' Power to Request KY AttyGen to Act re Prosecution?
Does this KY revised statute apply?

15.200 May intervene or direct criminal proceeding on request of Governor, President of the Senate, Speaker of the House of Representatives, or court or grand jury -- Subpoenas.(1) Whenever requested in writing by a) The Governor b) The President of the Senate or Speaker of the House of Representatives of the General Assembly;(c) Any of the courts or grand juries of the Commonwealth; or(d) A sheriff, mayor, or majority of a city legislative body; stating that his or her participation in a given case is desirable to effect the administration of justice and the proper enforcement of the laws of the Commonwealth, the Attorney General may intervene, participate in, or direct any investigation or criminal action, or portions thereof, within the Commonwealth of Kentucky necessary to enforce the laws of the Commonwealth.(2) The Attorney General may subpoena witnesses, secure testimony under oath for use in civil or criminal trials, investigations or hearings affecting the Commonwealth, its departments or political subdivisions.

Main page:

From a quick read of this statutory section alone, on the surface looks like numerous officials in KY. may REQUEST the Commonwealth’s AttyGen to intervene, participate in, or direct any investigation or criminal action" to enforce KY laws.
That section of statute does not address any obligation for the KY AttyGen to take action.

I wonder if any of them will make a request.
ATM, AttyGen is a Republican.
A broad array of officials have the power to make the request:
--- Executive Branch, Govnr (a Dem. in office now);
--- Legislative Branch, Pres of Senate & Speaker of House (both Rep’s);
--- Judicial Branch, courts or grand juries of the Commonwealth;
Plus local officials, incldg. sheriffs, mayor, & majority of city legislative body.
Whew, that’s a lotta peeps.

As egregiously baseless as this fatal shooting was (or at least seems), I wonder if any of the ^ would/will make a request (assuming my reading of statute is correct). Regardless of the merits of the case, is it possible-
--- some would refrain, for fear of offending certain voters who may express ‘displeasure’ at the ballot box in the next election?
--- or refrain because they want to stay “in their own lane,” i.e., their branch of gov’t. or their electoral district, or because they want to let others take the lead w a request?
--- ____?
Or will one or some of the ^ jump in w two feet & make a request to claim
--- more media exposure?
--- a “law & order” platform?
--- or _____?

From my time decades ago employed for several years by a state’s House of Representatives committee and later for a state-wide elected officer (neither in KY) , I can imagine all of the above. Politics & personalities. Yikes. Who knows. Not me.

Part II of this equation.
If requested, what would the reaction of the KY AttyGen? I have no clue, no guess.

Hoping others will chine in.

__________________________
* "Kentucky has a divided government where neither party holds a trifecta. The Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature."
ballotpedia.org/Kentucky_State_Senate
 
Last edited:
KY. Officials' Power to Request KY AttyGen to Act re Prosecution?


From a quick read of this statutory section alone, on the surface looks like numerous officials in KY. may REQUEST the Commonwealth’s AttyGen to intervene, participate in, or direct any investigation or criminal action" to enforce KY laws.
That section of statute does not address any obligation for the KY AttyGen to take action.

I wonder if any of them will make a request.
ATM, AttyGen is a Republican.
A broad array of officials have the power to make the request:
--- Executive Branch, Govnr (a Dem. in office now);
--- Legislative Branch, Pres of Senate & Speaker of House (both Rep’s);
--- Judicial Branch, courts or grand juries of the Commonwealth;
Plus local officials, incldg. sheriffs, mayor, & majority of city legislative body.
Whew, that’s a lotta peeps.

As egregiously baseless as this fatal shooting was (or at least seems), I wonder if any of the ^ would/will make a request (assuming my reading of statute is correct). Regardless of the merits of the case, is it possible-
--- some would refrain, for fear of offending certain voters who may express ‘displeasure’ at the ballot box in the next election?
--- or refrain because they want to stay “in their own lane,” i.e., their branch of gov’t. or their electoral district, or because they want to let others take the lead w a request?
--- ____?
Or will one or some of the ^ jump in w two feet & make a request to claim
--- more media exposure?
--- a “law & order” platform?
--- or _____?

From my time decades ago employed for several years by a state’s House of Representatives committee and later for a state-wide elected officer (neither in KY) , I can imagine all of the above. Politics & personalities. Yikes. Who knows. Not me.

Part II of this equation.
If requested, what would the reaction of the KY AttyGen? I have no clue, no guess.

Hoping others will chine in.

__________________________
* "Kentucky has a divided government where neither party holds a trifecta. The Democratic Party controls the office of governor, while the Republican Party controls both chambers of the state legislature."
ballotpedia.org/Kentucky_State_Senate
I'm not naive but I don't think this is political. They were both democrats in a deeply republican part of a very red state.
 
I wonder what his plea will be. Will he want a trial? And, do we yet know who might be representing him on Wed?

Stines couldn't enter a guilty plea (no trial) on Weds 9/25 even if he wanted to. In KY (47th Judicial District), the Judge will enter a not guilty plea for the defendant in Letcher County District Court, and the felony case next goes to the Circuit Court.

If defendant is in custody, a preliminary hearing is required within 10 days unless waived. If case going before a grand jury for indictment, this would replace the preliminary hearing.

We love prelim hearings for the details we learn but I have no doubt this case will go by the way of a grand jury indictment.

 
Could you highlight what was interesting, if you have time please?

Also, haven’t been able to follow closely. Did we know Judge Mullins gave a deposition on the lawsuit September 16th? Is that thought to be relevant?

Judge Mullins did not give a depo on Sept 16, the depo was by Sheriff Stines, a defendant in the Civil Lawsuit. Mullins is not named in the subject lawsuit. (See Dkt entry #115 below).

The Plaintiffs lawyer (Ned?) for the Civil lawsuit reference to Judge Mullins was that Mullins did not recuse himself from the criminal cases his clients were involved in, and this lawyer thought he should have because his client had been assaulted twice by Fields -- once in Mullins Chambers and once in the bathroom of his Chambers.

The two women 44 & 47 suing the the former deputy (Fields), since convicted of SA, Sheriff Stines, and Eastern Kentucky Corrections Services, Inc., in Federal Court, for violation of their civil rights, have long rap sheets and were in County jail when they got involved with Fields-- leading to the SA. MOO

1727256653196.png

 
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