Defense asks judge to block death penalty in case of former Letcher County sheriff accused of killing judge
LETCHER COUNTY, Ky. (ABC36 NEWS NOW) — Attorneys for former Letcher County Sheriff Shawn “Mickey” Stines are asking a judge to hold a hearing that could remove the death penalty as a possible punishment in his murder case.
According to a motion filed in Letcher Circuit Court, the defense is requesting a hearing under Kentucky law to determine whether Stines has a serious intellectual disability or serious mental illness — a finding that would legally bar the death penalty if the case goes to trial.
Stines is accused of shooting and killing Judge Kevin Mullins in September 2024. Investigators say the shooting happened inside Mullins’ chambers at the Letcher County Courthouse.
According to court filings and previously released information, surveillance video from inside the courthouse shows Stines allegedly shooting Mullins. Prosecutors have said the video is a key piece of evidence in the case.
The newly filed motion does not address guilt or innocence. Instead, it focuses on sentencing — specifically whether the death penalty should be excluded before a jury is ever selected.
Under Kentucky law, a defendant who is determined to have a serious intellectual disability or serious mental illness cannot be executed. The motion asks the court to schedule a hearing so the defense can present evidence related to Stines’ intellectual functioning and mental health, some of which may be submitted under seal.
The filing also notes that if the court finds Stines meets the legal standard, jurors would not be instructed on the death penalty, even if he were convicted at trial.
Defense attorneys are asking for the hearing to be scheduled no later than 120 days before trial, but only after a separate, pending judicial recusal issue is resolved. Kentucky law requires the court to make a final determination on the issue at least 90 days before trial.
The court has not yet ruled on the request, and no hearing date has been set.
