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

[bestill]

My guess would be, he did whatever his legal counsel advised.

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.

 

[tlcya]

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50549

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

and whether his felony conviction for the murder is considered "related to [his] employment as provided in subsection 3" ?

 

[KonaHonu]

and whether his felony conviction for the murder is considered "related to [his] employment as provided in subsection 3" ?

You're right but I was just assuming it is. We'll have to see.

 

[Ontario Mom]

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50549

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

Wouldn't it have to be proven the felony was in fact related to his employment?
I mean, if his motive was entirely personal, then that condition wouldn't apply.

Subsection 3 (from the link above)

Notwithstanding any provision of law to the contrary, an employee hired on or afterAugust 1, 2000, who participates in one (1) of the retirement systems administered by the Kentucky Retirement Systems and who is convicted, in any state or federal court of competent jurisdiction, of a felony related to his employment shall forfeit rights and benefits earned under the retirement system, except for the return of his accumulated contributions and interest credited on those contributions. The payment of retirement benefits ordered forfeited shall be stayed pending any appeal of the conviction. If the conviction is reversed on final judgment, no retirement benefit shall be forfeited. The employer shall notify the retirement system when an employee is convicted under the provisions of this subsection.

jmo

 

[KonaHonu]

Wouldn't it have to be proven the felony was in fact related to his employment?
I mean, if his motive was entirely personal, then that condition wouldn't apply.

Yes, it would have to be proven that the felony was job-related. But I suspect it is all moot. I think the sheriff started before August 1, 2000 but have not found definitive proof.

 

[I am not Sherlock H.]

and whether his felony conviction for the murder is considered "related to [his] employment as provided in subsection 3" ?

Yes @tlcya ….. and will be interesting to see how this goes. As to ‘related to [his] employment as provided’…… there is that little thing IIRC that the sheriff is in part responsible for security / safety of certain places and individuals (e.g. the judge) and IIUC the courthouse ….. and the sheriff did enter the courthouse, judge’s chambers, apparently had some exchange or discussion with the judge…… and then proceeded to file eight (8) shots IIUC. IANAL and have not examined the state (or federal) statutes or governing laws. MOO

 

[PrairieWind]

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”

I believe Rape in the 3rd degree in New York is a class E felony punishable by up to 4 years prison.

 

[Soulmagent]

Another area and community Murdaughed...

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

I think they could have been using there text message drafts to talk silently without actually sending text back and forth ,it might have been 3rd party communication as well.

 

[m00c0w]

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.

This is actually relatively trivial in Kentucky. All that’s necessary is to prove the deputy had sex with a person in their care. It doesn’t matter how consensual it was, it still qualifies for third degree rape or sodomy… probably to prevent claims of consent when a person was otherwise forced into the situation as a result of the power disparity.

JMO