Nearly a year since a Kentucky judge was gunned down in his courthouse chambers, the issue of whether bond is justified for the former sheriff charged in the killing remains unsettled as he awaits trial.
A defense attorney on Friday recommended a $50,000 cash or property bond for former Letcher County Sheriff Shawn “Mickey” Stines, saying he is not a flight risk and poses no danger to himself or the community. A prosecutor responded that Stines is not entitled to a bond, citing a section of Kentucky's
constitution that says the right to bail doesn't apply to people charged with a capital offense.
Stines has been jailed since last September, when District Judge Kevin Mullins was fatally shot at the courthouse in Whitesburg, Kentucky. Mullins died at the scene, and Stines, who was sheriff at the time, surrendered without incident. Stines has pleaded not guilty to one count of murder of a public official.
On Friday, the judge hearing the case did not rule immediately on whether bond should be set. Both sides were given until Sept. 2 to submit further written arguments on a handful of pending pretrial matters. Circuit Judge Christopher Cohron, serving as special judge in the case, said he would try to expedite his ruling, and said he could start looking at setting a trial date once those initial matters are resolved.
Authorities haven't yet revealed a possible motive for the Sept. 19 shooting that stunned residents of Whitesburg, a tight-knit Appalachian community about 100 miles (146 kilometers) southeast of Lexington, Kentucky, near the Virginia border.
Stines resigned days after the shooting and is being held in an eastern Kentucky jail without bond.
At the hearing Friday in Whitesburg, defense attorney Kerri Bartley said the former sheriff would be “the lowest possible risk level" if he is released on bond pending trial.
“I just don’t think there’s anything to show that he’s a flight risk," she said. "There’s nothing to convince the court that he would be a danger to himself or others.”
Stines has deep roots in the community and considerable family support, Bartley said. “He has a wife and daughter that he can still go home to today,” she said.
In his response, special prosecutor Jackie Steele said: “What he did in the community ... is irrelevant. The only thing that’s relevant is, in fact, the charges themself.”
The prosecutor pointed to a section of the state constitution that says: “All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great.”
At a prior court hearing, a harrowing video showing the judge being gunned down was revealed. The video, with no audio, showed a man identified by police as Stines pulling out a gun and shooting at the judge, who was seated at his desk. The man walked around the desk, pointed the gun at the judge — who ducked behind the desk for cover — and fired again, it showed.
Stines could potentially face the death penalty for the murder charge, but prosecutors haven't yet filed notice with the court on whether they will seek the death penalty.
Stines and Mullins had known each other for years. On the day of the shooting, they met for lunch with several other people, a Kentucky State Police detective said at a prior hearing. During the lunch, the judge apparently asked Stines if they needed to meet privately, but the reason for the meeting was unclear.
Defense lawyers also have pending motions to unseal the ex-sheriff's psychological evaluation and to dismiss the indictment. The judge will decide whether a hearing is needed to settle the motions.
