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

[LadyL]

I’m getting another “good old boys” vibe.

for sure

 

[Let the light shine]

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

interesting

 

[Luna20]

‘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".

https://nycourts.gov/judges/cji/2-PenalLaw/130/130.25%283%29.pdf

 

[Seattle1]

‘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".

https://nycourts.gov/judges/cji/2-PenalLaw/130/130.25%283%29.pdf

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

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.

 

[Luna20]

Oh for sure. The judge’s phone would have been open to whatever he was looking at. So they’d know that, and if it jibes with whatever Stines has claimed.

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.

 

[Luna20]

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

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.

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”

 

[Occam's Zebra]

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?

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.

 

[bestill]

I’m getting another “good old boys” vibe.

Very Murdaugh-esque, just in a different state.

Another area and community Murdaughed...

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.

What if he was making sure something was deleted? Even though we know it's not forever...

 

[fred&edna]

On the topic of penalties for crimes and plea deals, here's a recent example of very questionable "fairness"... three years for murder/manslaughter. (And, I wonder how much time he will actually serve). **Not Kentucky but happens anywhere USA all the time. jmo

Man gets 3 years in death of fiancée who went missing in Ohio in 2011

The fiancé of an Ohio art student who went missing nearly 13 years ago has been sentenced to three years in prison. John Carter was sentenced Thursday.

apnews.com

 

[Seattle1]

And closer to home -- Perry County is about 35 miles from Letcher County.

You can't make this stuff up! Seems trading legal help/services for meth and sexual favors from defendants isn't limited to the deputies and bailiffs of the Court but also involves the Commonwealth Attorneys!

A Perry County Commonwealth Attorney plead guilty to committing honest services wire fraud. Between April 2020 and March 2024, Blair knowingly and intentionally devised a scheme to fraudulently deprive the citizens of Perry County of their right to his honest services, as the elected Commonwealth’s Attorney, through bribery.

On multiple occasions, Blair agreed to take official actions, in his position as the Commonwealth’s Attorney – including making recommendations on probation, drug court, and probation violations or sanctions for defendants he was prosecuting – in exchange for methamphetamine and sexual favors.

On Sept 5, the former Commonwealth’s Attorney, for the 33rd Judicial Circuit of Kentucky, Scott Blair, 52, of Hazard, Ky., was sentenced to 54 months in prison on Thursday, by U.S. District Judge Robert Wier, for committing honest services wire fraud. Under federal law, Blair must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years.

Former Perry County Commonwealth’s Attorney Sentenced for Federal Honest Services Wire Fraud

www.justice.gov

Former Perry County Commonwealth’s Attorney pleads guilty to Federal Honest Services Wire Fraud

 

[mickey2942]

"Sexual Favors", no doubt from women who are already living a life filled with exploitation. All they really need is someone who can help them escape from the life of constant drama. Instead, just another slap down.

 

[Seattle1]

"Sexual Favors", no doubt from women who are already living a life filled with exploitation. All they really need is someone who can help them escape from the life of constant drama. Instead, just another slap down.

I've not finished reading the Complaint but seems Blair did not discriminate -- from 2020-2024, sought sexual favors from both men and women.

 

[Wallendo]

The problem with trying a rape case where the victim has died of other causes is that any statements that she provided describing her recollection of events will be hearsay. This evidence is generally not allowed since the defendant has no opportunity to cross-examine. DNA can prove that sex occurred but cannot prove rape. A rape examination can prove that aggressive sex occurred but cannot disprove consent.