Video of Kentucky judge's shooting played in court as sheriff's murder case sent to grand jury
by Andy Rose, CNN · KSL.comEstimated read time: 3-4 minutes
WHITESBURG, Ky. — Shocking video showing the killing of a Kentucky judge in his chambers was played Tuesday at the preliminary hearing for the former sheriff accused of his murder.
Shawn "Mickey" Stines, 43, who officially resigned Monday as sheriff of Letcher County, appeared in court in a jail uniform and handcuffs as prosecutors presented their evidence in the murder of District Judge Kevin Mullins.
Judge Rupert Wilhoit found probable cause to refer the first-degree murder charge to a grand jury. Defense attorneys did not deny that Stines shot Mullins, 54, last month, but suggested Stines was experiencing an "extreme emotional disturbance" at the time of the shooting.
"I think they've established probable cause for manslaughter first, but not murder," defense attorney Jeremy Bartley told the judge.
Stines entered a not guilty plea to first-degree murder at his arraignment last week.
A clip of surveillance video from the judge's chambers — which has no audio — appears to show Mullins crouching behind his desk as Stines shoots him multiple times. As Stines prepares to walk out of the room, Stines appears to see Mullins moving again under his desk and fires several more shots.
As the video played, Stines turned his head away from the screen and then lowered his eyes. Several people in the gallery on the prosecution side of the courtroom could be heard sobbing and moaning.
The video only played in court for 20 seconds, but the Kentucky State Police said the full recording of their interaction, which wasn't shown, was much longer.
Stines and Mullins had eaten lunch with a group at a restaurant prior to the shooting, and no witnesses observed any anger in their conversation, according to Kentucky State Police Det. Clayton Stamper, who was the only witness who testified at the hearing. Stamper said witnesses at the lunch told police about one notable exchange.
"I was told that the judge made a statement to Mickey about, 'Do we need to meet private in my chambers?'" said Stamper.
The prosecution did not present a motive in the shooting, but the detective affirmed Stines was seen in a section of the surveillance video not played in court calling his daughter on his own phone, and then asking to see Mullins' phone, and the judge complied.
The full video shows Stines stood up and began shooting only seconds after looking at the judge's phone, the detective testified.
"I was told that Sheriff Stines had tried to call his daughter, and he had tried to call his daughter from the judge's phone also," said Stamper, who confirmed that phone records showed that the cellphone of Stines' daughter had previously been called from the judge's phone.
Stines surrendered himself to law enforcement immediately after the shooting, according to Stamper, and made a confusing statement.
"When he was taken into custody, I was told by one of the other officers there that he made the comment, 'They're trying to kidnap my wife and kid,'" he said.
Stamper said Stines was "mostly calm" by the time he arrived at the shooting scene.
"Basically, all he said was, 'Treat me fair,'" Stamper said.
Tuesday's hearing took place in West Liberty, Kentucky, nearly 100 miles from the Letcher County Courthouse where Mullins was killed.
The state appointed a special judge to preside over the case since Mullins normally would preside over preliminary hearings for crimes allegedly committed in Letcher County.
The hearing came one day after Stines formally resigned his position as sheriff, according to a letter from his attorneys obtained by CNN affiliate WKYT.
"Sheriff Stines has made this decision to allow for a successor to continue to protect his beloved constituents while he addresses the legal process ahead of him," Bartley, the defense attorney, wrote.
Wilhoit informed Stines at his arraignment last week that he could face the death penalty if convicted of first-degree murder.
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Andy Rose