The world viewed Stines assassinate the unarmed victim in his chambers -- and when he saw the victim still moving, Stines reached beneath the desk and shot him again, to make sure he was dead. IMO, that's the premeditated act of a man making certain Mullins dead.
From day one, Stines defense team has been trying to mitigate his actions to save their client from a life sentence-- beginning with claiming
extreme emotional disturbance for a finding of manslaughter (and not first-degree murder). Under the circumstances, it should be of no surprise the defense is doubling down with an insanity defense!
What we know for certain is the sexual scandal was already old news when Stines shot Mullins. Both the federal civil lawsuit and criminal charges were already two years old at the time of the shooting. In-fact, former deputy Fields had already been indicted, charged, convicted, and served his time by the date of Stines deposition which had been delayed numerous times for the convenience of the plaintiff who had been incarcerated for an unrelated matter.
Pursuant to KY Rev Stat § 507.020 - MURDER -- be reminded that
extreme emotional disturbance (EED) is the exception to murder:
(1)A person is guilty of murder when:
(a) With intent to cause the death of another person, he causes the death of such person or of a third person;
except that in any prosecution a person shall not be guilty under this subsection if he acted under the influence of extreme emotional disturbance for which there was a reasonable explanation or excuse, the reasonableness of which is to be determined from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be. However, nothing contained in this section shall constitute a defense to a prosecution for or preclude a conviction of manslaughter in the first degree or any other crime;
Justia Free Databases of U.S. Laws, Codes & Statutes
law.justia.com