By Taylor Six, Lexington Herald-Leader
LEXINGTON, Ky. — The former Letcher County sheriff charged with killing a district judge is asking a court to preclude a potential death penalty punishment because he has a “serious intellectual disability” or mental illness.
In the filing made public Tuesday afternoon, Shawn “Mickey” Stines, 44, argues his disability or illness means he is not eligible for the death penalty.
Stines was charged with murder of a public official in September 2024 after video footage showed him shooting Judge Kevin Mullins multiple times in Mullins’ office. Stines’ lawyers have said they plan to present an extreme emotional disturbance, or insanity, defense.
Stines’ charge carries a potential sentence of capital punishment, though no one has been put to death in Kentucky since 2008.
“The defendant has reason to believe that he/she may qualify as a defendant with a serious intellectual disability or serious mental illness as defined by Kentucky law,” the motion reads.
The motion asks a judge to grant a hearing so Stines can prove he is mentally ill or has a serious mental disability.
The document does not include any specific information about the illness or disability.
A Kentucky law passed in 2022 Kentucky says a person cannot be eligible for the death penalty if they experienced either mental illness or disability at the time the offense was committed.
Tuesday’s motion is the latest attempt by Stines’ defense to show that he was somehow mentally incapacitated at time the shooting occurred.
In previous court filings, the defense has provided documents that say Stines was in “active psychosis” days after the shooting occurred.
Testimony from people close to Stines said he was not himself a day or two leading up to the shooting after giving a “tense” deposition regarding a previous deputy arrested for sexual misconduct in federal court.
Additionally, Stines’ lawyers previously asked a judge to consider releasing the results of their client’s mental health evaluation in the hopes of setting a $50,000 bond. However, a judge denied the request, and Stines remains in jail without a bond.
Stines previously told investigators he had “episodes” caused by California encephalitis — a neurological disease caused by bug bites.
During the episodes, which Stines said are sometimes stress-induced, he experiences dizziness, sweating and headaches. He also said the episodes can cause memory loss, according to the court transcripts.
The judge has not yet ruled on whether to have the hearing.
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