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

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Seattle1 said:
I disagree. The plaintiff named the Sheriff in their civil lawsuit -- alleging the Sheriff did not "reasonably respond to reports or suspicions" about the subject deputy sheriff (Fields) who allegedly harmed the plaintiff. The deputy was never criminally charged in this matter.

To be clear, this is an incident dating back to 2022, where the Sheriff was also named as a defendant in the civil suit, and was reportedly to be deposed on Monday.

No telling if the civil suit and the shooting of Judge Mullins are related.

2/1/2022 -- Suit alleges Kentucky deputy forced woman to have sex in judge's chamber in lieu of fees

ETA: Fields was later indicted (Sept 2022) and accepted a guilty plea agreement in January 2024. Fields was working at the District Court (not the County Sheriff) when the incidents occurred.

Ex-deputy sheriff is sentenced; one victim tells of ‘nightmares’ - The Mountain Eagle

A former Letcher County deputy sheriff who pleaded guilty to raping a female prisoner who was on home incarceration will spend six months in the Letcher County Jail, where he formerly worked as a deputy jailer. Ben Fields, who was a court security officer for the sheriff ’s office and worked a...
www.themountaineagle.com www.themountaineagle.com
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interesting
 
‘Third degree rape’


A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.

(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

(4) When the offender acts without the consent of the victim.

B. Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.

C. For all purposes, "simple rape" and "third degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "third degree rape".

 
Luna20 said:
‘Third degree rape’


A. Third degree rape is a rape committed when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of a victim because it is committed under any one or more of the following circumstances:

(1) When the victim is incapable of resisting or of understanding the nature of the act by reason of a stupor or abnormal condition of mind produced by an intoxicating agent or any cause and the offender knew or should have known of the victim's incapacity.

(2) When the victim, through unsoundness of mind, is temporarily or permanently incapable of understanding the nature of the act and the offender knew or should have known of the victim's incapacity.

(3) When the victim submits under the belief that the person committing the act is someone known to the victim, other than the offender, and such belief is intentionally induced by any artifice, pretense, or concealment practiced by the offender.

(4) When the offender acts without the consent of the victim.

B. Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years.

C. For all purposes, "simple rape" and "third degree rape" mean the offense defined by the provisions of this Section and any reference to the crime of simple rape is the same as a reference to the crime of third degree rape. Any act in violation of the provisions of this Section committed on or after August 1, 2015, shall be referred to as "third degree rape".

Click to expand...

Respectfully, there's a big difference between the criminal Statute of NY and that of Kentucky.

Kentucky Sex Offenses and Why they are Different | KentuckyCourtRecords.us

Kentucky sex offenses are categorized on the basis of their severity and consequent penalties. Learn the different types of sex offenses in Kentucky, Kentucky sex offender levels of classification and how to find registered sex offenders in Kentucky.
kentuckycourtrecords.us kentuckycourtrecords.us

Rape in the 3rd degree (KRS 510.060): Rape in the third degree occurs when:

  • An individual who is 21 years old and above has sexual intercourse with a person under 16 years of age
  • An individual (at least ten years older than the victim) has sexual intercourse with a person (victim) who is 16 or 17 years old at the time of the offense
  • A person who is 21 years and above, and providing a foster family home (as defined by KRS 600.020), has sexual intercourse with an individual (foster child) under 18 years of age
  • A person in a position of trust or authority has sexual intercourse with an individual under 18 years of age. An individual who that person meets because of such a position
  • A jailer, employee, contractor, vendor, or volunteer of a correctional or detention facility (as described in KRS 520.010) or a contracting entity, responsible for the welfare, custody, monitoring, or assessment of offenders, knowingly has sexual intercourse with a person who is confined, treated, monitored, or assessed by such facility or entity
Rape in the 3rd degree is a Class D felony.
 
Seattle1 said:
Respectfully, there's a big difference between the criminal Statute of NY and that of Kentucky.

Kentucky Sex Offenses and Why they are Different | KentuckyCourtRecords.us

Kentucky sex offenses are categorized on the basis of their severity and consequent penalties. Learn the different types of sex offenses in Kentucky, Kentucky sex offender levels of classification and how to find registered sex offenders in Kentucky.
kentuckycourtrecords.us kentuckycourtrecords.us

Rape in the 3rd degree (KRS 510.060): Rape in the third degree occurs when:

  • An individual who is 21 years old and above has sexual intercourse with a person under 16 years of age
  • An individual (at least ten years older than the victim) has sexual intercourse with a person (victim) who is 16 or 17 years old at the time of the offense
  • A person who is 21 years and above, and providing a foster family home (as defined by KRS 600.020), has sexual intercourse with an individual (foster child) under 18 years of age
  • A person in a position of trust or authority has sexual intercourse with an individual under 18 years of age. An individual who that person meets because of such a position
  • A jailer, employee, contractor, vendor, or volunteer of a correctional or detention facility (as described in KRS 520.010) or a contracting entity, responsible for the welfare, custody, monitoring, or assessment of offenders, knowingly has sexual intercourse with a person who is confined, treated, monitored, or assessed by such facility or entity
Rape in the 3rd degree is a Class D felony.
Click to expand...

On the account that he was sentenced to 6 months in Kentucky is vastly different than New Yorks (below).

“Whoever commits the crime of third degree rape shall be imprisoned at hard labor, without benefit of parole, probation, or suspension of sentence, for not more than twenty-five years”
 
sunshineray said:
If the victim went and reported it immeadiately, rape kit done, statements/interviews done, then she dies. Is it not the State's obligation to still prosecute? I'm not saying that's the situation, we don't know, but was he prosecuted for her rape before she passed?
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I get the charges disappearing if it's civil. If it were criminal, though, death isn't a factor - otherwise no one accused of murder would ever stand trial.

Sixth amendment doesn't mention the accuser specifically. The rights of the accused are to a fast and public trial by an impartial jury, to be aware of the criminal charges, to confront witnesses during the trial, to have witnesses appear in the trial, and the right to legal representation.

Not sure what was meant by "fast" back in 1791 but I would argue many trials are not "fast" in the least.
 
worm said:
I’m getting another “good old boys” vibe.
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Knox said:
Very Murdaugh-esque, just in a different state.
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Another area and community Murdaughed...
Luna20 said:
What if his phone was back to Lock Screen position? I have mine set to seconds so it would have been locked by the time the shooting happened.
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What if he was making sure something was deleted? Even though we know it's not forever...
 
sunshineray said:
If the victim went and reported it immeadiately, rape kit done, statements/interviews done, then she dies. Is it not the State's obligation to still prosecute? I'm not saying that's the situation, we don't know, but was he prosecuted for her rape before she passed?
Click to expand...

Your post makes me think of how the corruption & criminality of the officer convicted of rape goes so much deeper in that, for the women who accused him, how would they even be able to report the rape? It's a small town where everyone seems to know everyone, a small LE department. The perp is one of LE, the victims are on house arrest. So, how do they get to a hospital to be rape tested? Who gives them the ok to leave their home confinement area? When at the hospital being tested, doesn't the hospital report it to LE (which in this case would include the perp)? How can they even report it outside of their jurisdiction (especially as they had already been arrested & were on house arrest) & be believed? If the women couldn't get tested or did get tested & that brought on retaliation from LE or the courts in any way, that would serve to chill any other possible victims into not protesting or getting a rape kit done or doing anything that might cross LE. If MS didn't know about these activities, why was he that uninformed? If he did know, what was his level of involvement -- turning a blind eye or something more?

Corruption has many tentacles/areas it affects. And I wonder if the tentacles from that case are spreading into this case in any way?

Just musing & MOO.
 
MassGuy said:
Garbage article. Basically they took the rumors we’ve all seen, then asked police if they were true, to which police gave the boilerplate answer that everything is on the table.

www.dailymail.co.uk

Cops probe lurid motive after judge is 'shot dead by sheriff'

Sheriff Shawn 'Mickey' Stines is accused of pumping eight bullets into his close friend after entering Judge Kevin Mullins's chambers at Letcher County Circuit Court in Kentucky.
www.dailymail.co.uk www.dailymail.co.uk

-Cops are investigating a 'sex scandal' motive among other leads in the sensational death of judge Kevin Mullins who was allegedly murdered by the sheriff of his tiny Appalachian community, DailyMail.com can exclusively reveal.

Lurid sexual allegations about married district judge Mullins began circulating almost immediately among some folk in and around the small town of Whitesburg, where the killing happened on the afternoon of September 19

-Kentucky State Police, the lead agency in the investigation, confirmed to DailyMail.com that detectives were including the sex claims among many other lines of inquiry as a possible reason for the baffling killing.

Asked if the allegations were in the mix, Trooper Matt Gayheart said: 'Absolutely. We are not ruling out anything as a possible motive.

-'The whole thing will be investigated thoroughly. It's just going to take some time to make sure we can make the right determination. It could be weeks, it could be months.

'Our investigators seized the two cell phones and they're being analyzed.'
Click to expand...
This says Stines lost 40lbs in a month or two, then stopped communicating with press, and deleted the town's sheriff's office FB page. Something happened to him in a bad bad way and whatever it was has everything to do with him shooting his best friend.
 
Leilei said:
Per Court TV just now, Stines has stepped down from the Sheriff position.
Also, link here:
www.wymt.com

Letcher Co. sheriff retires

Mickey Stines decided to retire effective Monday.
www.wymt.com www.wymt.com
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Interesting…… does this mean that the sheriff will keep and collect his pension, if such exists? Perhaps it would have been appropriate to have resigned, not to retire? MOO
 
tlcya said:
I imagine he may still receive his pension but it may be revoked upon his being criminally convicted of this killing.
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61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.(Effective April 1, 2021)
(1) The membership of any person in the system shall cease:
(a) Upon withdrawal of his accumulated account balance at or any time after termination of employment, regardless of length of service;
(b) Upon disability retirement;
(c) Upon service retirement;
(d) Upon death;
(e) For persons hired prior to August 1, 2000, upon termination of employment with prejudice; or
(f) For persons hired on or after August 1, 2000, upon conviction of a felony relating to the person's employment as provided in subsection (3) of this section

It's going to depend on whether Stines started working for the Commonwealth before August 1, 2000
 
Ontario Mom said:
My guess would be, he did whatever his legal counsel advised.
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I agree. He has a new attorney now so he's being advised very well. There may be some negotiating on a plea deal going on in the background, imo. I really did think he was going to hold out on the resignation for as long as possible. Interesting development to me.
 
KonaHonu said:

61.535 Cessation of membership -- Conditions -- Forfeiture of retirement benefits.(Effective April 1, 2021)
(1) The membership of any person in the system shall cease:
(a) Upon withdrawal of his accumulated account balance at or any time after termination of employment, regardless of length of service;
(b) Upon disability retirement;
(c) Upon service retirement;
(d) Upon death;
(e) For persons hired prior to August 1, 2000, upon termination of employment with prejudice; or
(f) For persons hired on or after August 1, 2000, upon conviction of a felony relating to the person's employment as provided in subsection (3) of this section

It's going to depend on whether Stines started working for the Commonwealth before August 1, 2000
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and whether his felony conviction for the murder is considered "related to [his] employment as provided in subsection 3" ?
 
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