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

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I can’t believe we haven’t had any leaks or official information yet, as you’d think he’d have a lawyer who would be trying to get ahead of this.

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Curiouser and curiouser....

Marital, family problems?

Lawsuits are just part of the job, and case law proves suing the Sheriff in the official capacity of being Sheriff, just means suing the County Government. And he did have a lawyer on this matter since January 2022, and had been scheduled numerous times for deposition by the Plaintiff only to be repeatedly canceled.

Stines had also been sued in March 2019 -- both Individually and in his official capacity by a former Sheriff Deputy, and won at summary judgement.

Here, the former member of the Sheriff's Department was let go by Stines predecessor due to budget constraints. Plaintiff alleged her civil rights violated because Stines didn't re-hire her after he took office, citing retaliation because she openly and aggressively supported his opponents during his 2018 bid for Sheriff.

 
WTVQ-TV from Lexington, Kentucky reported that clad in a drab gray uniform, the Letcher County Sheriff was flanked by a public defender and a jailer as he pleaded not guilty during his virtual court hearing this morning.

Stines appeared before a special judge, Carter County District Judge H. Rupert Wilhoit III.

There were no discussion of a bond during the hearing, and the judge indicated that the maximum punishment in the case would be the death penalty.

Even though Stines is being represented by a public defender for now, the judge warned Stines that the trial court could require him to pay for his own attorney.

Source:

Letcher County Sheriff Pleas Not Guilty At Arraignment
I don't know why the link isn't working even though I retype it hoping that the above link would work.

Just go to the WTVQ-TV website to read this news article on their website.
 

".The Kentucky sheriff accused of first-degree murder in the death of a district court judge entered a not guilty plea Wednesday...
..Stines also did not comment on the charges during the hearing, but Judge Rupert Wilhoit asked him about his finances after Stines confirmed he wanted a court-appointed attorney.

The judge expressed skepticism about whether Stines, who said he owns two homes and earns $115,000 as sheriff, was truly indigent.
“Sir, it’s my understanding that he is in the process of losing his job as sheriff of Letcher County, obviously, and will not have income going forward,” public defender Josh Miller told the judge."
Rbm

Well he's prob. not indigent !
Why does the taxpayer, John Q. Public, need to fund his defense ?
Can't they seize some of his assets ?
I'd say 'garnishment' but that's prob. only going forward--as in, garnishing wages to be made in the future ?
Why does he need two homes ?
Is one a vacay cabin ?

As for the 2nd bolded : Well boo-freaking-hoo ... Stines shouldn't have murdered someone then.
Smh.



"...Stines and Mullins ate lunch together hours before the shooting, according to Circuit Court Clerk Mike Watts ..."

Hmm.

Everything was fine and dandy, then ?
Doubt it.
This action seems less spur of the moment and more like a cleverly hidden grievance on Stine's part.
Which was why he waited and spoke with Mullins' in the judges' chambers.
Cameras present, maybe.
But no witnesses.
Imo.
Omo.
 
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And I want to note: those retirement numbers are for all full-time employees in the sheriff office. I do not know who else is a full-time employee at his office. For example, does he have anyone in dispatch, is there an office manager?
We can infer quite a bit from the audit report:

Deputies' gross salaries $86,745
Court security $71,090
Office gross salary $73,796
KLEPPF $13,773
School resource officer $39,580

Now, this is all speculation but I'm going to guess that there is one school resource officer and that person probably makes a little less than a regular deputy. I';m guessing the the court security is bailiffs who also make about the same.

That suggests a deputy makes a little over $40,000 and there are 2 of them. A bailiff makes $35000-ish and there are two, one for the district judge and one for the circuit judge. Office gross salary is probably an admin assistant and a dispatcher. KLEPPF is a training fund run by the state so presumably the sheriff office received that much from the state and paid it out in training.

This is all just a guess and has some flaws. Foe example, to have 24-7 dispatch you would need to cover 3x7=21 shifts per week. One person covers 5 so you would need 4 dispatchers to cover. Maybe they have a central dispatch paid for by the county.
 
Years ago it used to be that sheriffs in Kentucky were limited to only serving one term in office for four years and couldn't run for reelection.

Now they can serve more than one term in office.

I don't know if anyone has to meet certain legal qualification requirements before they run for election or are appointed to the Sheriffs Office in Kentucky nowadays.

I do know that years ago anyone in Kentucky could be appointed Sheriff by a county judge executive.

I've heard of death in office vacancies from years ago where the county judge executive appointed the spouse of the deceased sheriff to serve out the remainder of the deceased's sheriff's term in office.

My thinking is that the state legislature may have to update their laws as to dealing with qualifications for being a sheriff in Kentucky, situations involving sheriffs that are charged with a violent crime, protocols for removing a sheriff from office and filling those vacancies.

It might be more simpler to have the Kentucky Attorney General rather than the Kentucky Governor or the Kentucky General Assembly deal with the issues of removing sheriffs from office and filling the vacancies with someone that is legally qualified to be a sheriff in Kentucky.
When researching the 2018 and 2022 elections in Letcher County, I was shocked at the number of positions that are elected in KY including the "Jailer!"

 
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9/25/24

Much of Wednesday’s arraignment focused on whether Stines qualifies to have a public defender appointed to him. Stines said he hadn’t hired an attorney or spoken to any about taking his case.

In a case like this, attorney costs could range in the hundreds of thousands of dollars. The judge did approve of a public defender for the time being.

The judge said if the case proceeds to circuit court, Stines may be required to hire his own counsel.

A date for a preliminary hearing was set for Tuesday, October 1, at 1 p.m. at the Morgan County Judicial Center in West Liberty. The judge says Kentucky State Police will be responsible for transporting Stines to the hearing.
 
Gov. Andy Beshear, meanwhile, has formally requested Stines' resignation in a letter his counsel sent the sheriff Wednesday.

Beshear wants Stines to resign by Friday, the letter said. If he does not step down, Beshear plans to "move forward with removal" under a state statute that allows him to remove peace officers from their positions in cases of neglect of duty.
In court hearing, Kentucky sheriff accused of killing judge in Letcher County pleads not guilty

ETA this may be what PD Miller was referring to when he mentioned that Stines "may" be losing his job soon so his salary shouldn't be considered when determining if Stines qualified as indigent.

From your link (thanks for that find, @tlcya !) :


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Also from these links :








1 b 4.jpeg






5f3.JPG


I don't see a 40-lb weight loss compared to earlier photos of Stines.
Omo.
 

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Well he's prob. not indigent !
Why does the taxpayer, John Q. Public, need to fund his defense ?
Can't they seize some of his assets ?
I'd say 'garnishment' but that's prob. only going forward, correct ?
I don't disagree with you in principle but he has no significant assets to seize. He has a small house in McRoberts KY valued at about $50,000 and a mobile home on a small lot in TN. He also has a checking account. This was all stated in the court hearing linked in the original message.
 
I don't disagree with you in principle but he has no significant assets to seize. He has a small house in McRoberts KY valued at about $50,000 and a mobile home on a small lot in TN. He also has a checking account. This was all stated in the court hearing linked in the original message.
Oh, ok. Thanks for clarifying.
 
Stines says he hopes he can get an attorney within 10 days prior to his prelim hearing but cannot guarantee since it is hard to reach out to people he needs to since he is in jail.

Judge appoints PD to assist up and until his prelim hearing. Once in circuit court, that court may require him to hire independent counsel.

Oct 1, 1pm set for the prelim hearing.

'...cannot guarantee since it is hard to reach out to people he needs to since he is in jail.'

Relative to Stines comment above, I do know there are several State Constitutions which provide for all criminal defendants in custody. held without bail, automatically qualify for a public defender, without any formal application or consideration of their financial ability to hire their own attorney.

In other words, you could be a millionaire but if you are being held without bail, you are entitled to a public defender. This rule remains in place only if and until the suspect is released from custody. Once out of custody, and for whatever reason returns to jail, a defendant previously appointed a public defender will have to apply and meet the county/state guidelines to be appointed a public defender.

The rationale here is recognizing anybody NOT being held in custody can freely shop for a lawyer. MOO
 
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It could be a state match up to a certain amount. Indiana use to do it for state employees. Not sure if the sheriff is married, but let's say he is. Maybe his wife makes decent money and they live off her money, allowing him to deposit as much as possible into the state match retirement account.... see where I'm going. This of course is just a big what if, because I have no idea if any of this is true in this case.
Also, he doesn’t have a mortgage on his home. If I didn’t have a mortgage I could put some serious funds into my retirement account.
 
When researching the 2018 and 2022 elections in Letcher County, I was shocked at the number of positions that are elected in KY including the "Jailer!"

Yes- several years ago my dad and I were traveling through Kentucky and there were candidate signs everywhere. For Sheriff, jailer, and judge. Not being from Kentucky my dad inquired of our server why “jailer” was an elected position.

He said, “The sheriff brings ‘em in, the judge locks ‘em up, the jailer keeps ‘em locked up.”
 
I agree. The not guilty plea tells us he's going to fight this. I don't think he will resign from his job either. Miller said they believe he is in the "process of losing his job" - that's not a resignation!
Not true. In KY, a felon can't enter a guilty plea at this level. This is allowed in Circuit Court so he still has time to change his plea. Today's hearing went as expected. See early link on the subject.
 
Even if Judge Mullins had no knowledge of the crimes, it seems like it would be a conflict of interest to me because his personal chambers were used in the commission of these crimes. He might feel like that was an invasion of his privacy and/or authority, a breaching of trust, etc. He had a personal and professional connection even if he had been totally ignorant of what was happening. So, I am with the plaintiffs in the case, thinking he needed to recuse himself because of possibile conflict of interest. I was surprised to find out that he didn't recuse himself. Imo.

I think the fact that Letcher County only has one District Court Judge had something to do with Mullins not recusing himself on an unrelated case. Calling on another Judge to come from another County to hear a low level criminal matter would be a burden to the community of less than 2000 residents. That and the fact the criminal defendant here was already prosecuted and sentenced. These victims were not new to the system, and had likely appeared before Mullins for years. I'm not particularly impressed by the plaintiff's attorney who seems put out that he's not personally receiving a warm welcome in Letcher County. JMO
 
How do you have someone from the judicial branch appoint someone to fill an executive branch elected position? My guess is that the Sheriff essentially has to be impeached (if he doesn't resign) and then the chief deputy or under-sheriff fills in until the next election or a special election is held.
I agree -- and the Chief Deputy has already been appointed to act as the Sheriff. Stines was also asked to formally resign by Friday, and I don't have any reason to believe he won't do so.

 
Seizing Assets?
....
Why does the taxpayer, John Q. Public, need to fund his defense ?
Can't they seize some of his assets ?
I'd say 'garnishment' but that's prob. only going forward--as in, garnishing wages to be made in the future ?....

snipped for focus. @Chimera
Trying to follow ^ line of thought.

1. Assuming "they" refers to Commonwealth of KY, or a dept., agency, or entity,
on what legal basis would "they" have authority to seize any of MS's assets?

2. Would ^ seizure be made to secure payment for private atty to rep MS in this crim case? Or for some other purpose?

If I'm misunderstanding the Q in ^ post, my apologies.

ETA: IDK why my post is in all blue & bold. can't seem to edit formatting.

___________________________________________
Garnishment. Yes, gen'ly occurs only following a judgment w a ct order for a specific amt.
"... a court ordered process for collecting on a judgment, which takes money directly from the defendant’s wages or other third party who owes the defendant a debt. A garnishment order instructs a third-party who owes money to the defendant, typically the defendant’s employer or the defendant’s bank, to pay some or all of that money to the plaintiff instead of the defendant. This third party is called a garnishee."
^ garnishment from Wex (lli)
See also Garnishment - Wikipedia
 
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If Stines killed Mullins because he was afraid Mullins “had dirt” on him that could ruin him (job, family, reputation, etc) I would have expected him to either do it privately where he thought he could get away with it (i.e. make it look like an accident or that someone else was responsible) or, if he did it in the public manner like he did, that he would take his own life so he wouldn’t have to face the consequences.

Killing the Judge in such a public manner and then waiting at the scene to be arrested makes it seem (to me) like he WANTS his reasons to be revealed. These “reasons” could be REAL or perceived.

I just don’t see someone committing such a public homicide and sticking around for what he KNOWS will follow in the Court and publicly, if he was trying to hide something he was guilty of.

I’d love to see what others here think because these are just my thoughts. I just feel like if I wanted so badly to keep a horrible secret about my own bad deeds that I would kill someone to keep my secret, I wouldn’t kill someone in such a public manner and stick around for the consequences knowing that all my dirt will now become public.
 
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