Your take on: Grand jury returning a no true bill..
Jury nullification..
If possible; Evidence, lack of evidence, unusual compelling circumstances, as possible causes.
I am confused by several comments floating some possibilities affecting a "textbook" proceeding.
Million dollar questions!
1) No True Bill -- I don't see this happening:
Reportedly, the Grand Jury must indict within 60 days of the prelim hearing which was held on Tuesday, Oct 1. That would be Nov 1, but since this date falls on a Sunday, I guess the default is by Monday, Nov 2 and this that date is just around the corner. According to Stines Defense Attorney Bartley, this is also a Letcher County Grand Jury.
The Common Wealth only called one witness during the prelim hearing -- lead investigator Clayton Stamper, who guarded that State's Murder-1 Charge pretty tight with his concise answers. Bartley was not allowed to argue for Manslaughter. Between the surveillance video of Stines shooting the unarmed Mullins, and any witnesses subpoenaed by the Grand Jury, I don't see anything standing in the way of Stines being indicted for Murder as initially charged in the citation by KY State Police.
While premeditation is not considered in defining capital murder under KY Statute
KRS 507.020- Murder, the element of intent must be present. I dunno, seems to me those last seconds of the video when Stines is headed out the door until some motion or noise beneath the desk causes him to pause, and he stops, turns, aims his firearm under Mullins desk, and fires a couple more rounds before walking out the door -- that pretty much looks like intent to me.
Also, while I understand that the Defense can request to present evidence to the Grand Jury, they have no duty to accept it. In other words, I think Bartley's argument that the homicide was not planned, nor expected, and therefore this killing should be considered manslaughter, will have to come during trial.
Lastly, KY Murder Statute provides that a defendant under the influence of
extreme emotional disturbance, determined from the viewpoint of a person in the defendant's situation, under the circumstances as the defendant believed them to be, is mitigation for the charge of manslaughter in the first degree, and not murder. But if true, only Stines can answer this alleged heat of the moment and/or crime of passion he was experiencing when he shot Mullins in his Chambers.
2) Jury Nullification:
I don't understand how or why anybody would want send the message that their once Sheriff is above the law, and that the rules of the land don't apply to him. My brain can't even touch that.
In fact, the law here also provides that even if Stines had a brain tumor, and his defense was this tumor caused him to act in an irrational manner when he executed Mullins, Stines defense against Murder would still fall under
extreme emotional disturbance-- seeking a conviction for the lesser or manslaughter. MOO
Stines' next court date will come after a grand jury serves an indictment, which must be done within 60 days of the preliminary hearing, Bartley said
Bartley said the case will be presented to a Letcher County grand jury and a chief regional judge will select the judge for Stines’ trial.
Read Section 507.020 - Murder, Ky. Rev. Stat. § 507.020, see flags on bad law, and search Casetext’s comprehensive legal database
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