A former Kentucky sheriff accused of murdering a local judge has tried a hail Mary defense in the hope of having his case dismissed.

Shawn ‘Mickey’ Stines filed to have his indictment for killing Letcher County District Judge Kevin Mullins in September 2024 thrown out, accusing the prosecution of misconduct.

Attorneys for the ex-top cop alleged in new court documents on Wednesday prosecutors had an undocumented meeting with the grand jury before it indicted him.

The filing further alleges the grand jury requested records about the case that the prosecution did not provide, arguing these two incidents may have biased the jury. 

Despite prosecutors presenting footage alleging to show Stines shooting Mullins in his court chambers, Stines’ attorneys argue the alleged misconduct should dismiss the case entirely.

They are requesting a hearing to prove the grand jury bias, and are asking for the judge to throw out the indictment ‘with prejudice’, meaning Stines couldn’t be tried again, per WHAS11. 

The former sheriff had previously indicated he was preparing an insanity defense in court, and his attorneys said the shooting was the result of ‘fear for the safety of his wife and daughter.’ 

Police have not offered details of a motive behind the shooting, however Stines’ attorneys said it came after testimony that Stines gave at a deposition where he answered questions about one of his deputies allegedly sexually assaulting jail inmates in Mullins’ chambers. 

Although footage of the shocking shooting of Letcher County District Judge Kevin Mullins in September 2024 was shown in court, Stines’ attorneys are trying to get his indictment thrown out ‘with prejudice’, meaning Stines couldn’t be tried again

In March, before the alleged prosecution misconduct emerged, Stines’ defense team said his state of mind at the time of the shooting would become key to his upcoming trial. 

Defense attorney Jeremy Bartley previously told NewsNation that he was preparing to argue extreme emotional distress led Stines to carry out the shooting, and indicated it was related to the sheriff’s deposition that came days before. 

An accuser in that case claimed that she was forced by former Deputy Sheriff Ben Fields to have sex in Mullins’ chambers for six months in exchange for staying out of jail.

Accuser Sabrina Adkins previously told NewsNation in a separate interview that Mullins ‘does have some videotapes of some stuff in the judge’s chambers… just with girls, sexual and stuff.’ 

Fields was fired by Stines before being ultimately arrested and sentenced to six months of jail, with Stines testifying in his case. 

Since Mullins was gunned down in his own chambers, allegations have surfaced that his courtroom office was used by one of Stines’ deputies in a sex-for-favors scandal 

Stines, seen after his arrest, was reportedly telling officers that his ‘wife and kid’ were in danger when he was detained for Mullins’ shooting 

Bartley said Stines feared that backlash from his deposition testimony caused him to fear that his or his family’s lives were in danger.

The attorney said Stines’ ‘mental health’ was affected by the perceived threat, adding: ‘Ultimately, he was in fear for the safety of his wife and his daughter, and I think what you see there is the result of that.’ 

The shooting rocked the small town of Whitesburg where Stines and Mullins were well known figures, with allegations since coming out that Judge Mullins himself may have been tied to the sex-for-favors scandal. 

When Stines was taken into custody for the shooting, he allegedly exclaimed: ‘They’re trying to kidnap my wife and kid.’ 

Bartley added at the time of his insanity defense filing that he believes there may be ‘more evidence that would support a finding that he wasn’t criminally responsible’, but did not offer specifics. 

Stines has remained in custody since the shooting, which was captured on shocking footage that showed the sheriff enter Mullins’ chambers and blast eight bullets into him.

In the moments before, officials said that Stines tried to call his daughter before grabbing Mullins’ phone and also trying to call her.

Stines’ attorney previously indicated that he had ‘more evidence that would support a finding that he wasn’t criminally responsible’ for the shooting, but did not offer it until his shock filing this week alleging prosecution misconduct 

Stines’ attorney Jeremy Bartley previously indicated that he was preparing an insanity defense in the case 

Prosecutors said the shooting came seemingly out of the blue, as the sheriff and judge had enjoyed lunch together that afternoon, and shared an outside table at the popular Streetside Grill & Bar on Main Street for lunch, only a few hundred yards from the courthouse.

The pair were longtime friends and lunchtime regulars together at the sports bar and on that fateful Thursday ordered their usual – both having the $13.99 wings with salad.

Detectives are probing a potential motive, with one theory reportedly investigated by detectives being whether Stines discovered his daughter’s phone number in Mullins’ phone because he called her moments before the shooting. 

Video of the shooting shows Stines pointing his weapon at Mullins as his hands are raised cowering behind his desk – but the sheriff’s lawyers insist the killing was not planned.

‘It was not something that was planned and occurred in the heat of passion. For us, the highest level of culpability should be manslaughter based on the partial defense of extreme emotional disturbance,’ Bartley previously told PEOPLE. 

It is not clear when Stines’ murder trial may get underway, with prosecutors previously saying the discovery process could take ‘some time.’  

Those texts about unpaid tolls wasn’t real; and neither is this one about unpaid traffic tickets.

Another text message scam across multiple states is targeting Kentucky residents. It’s yet another smishing, or SMS phishing scam, and recipients should not go to the link in the text.

Kentucky Transportation Cabinet warns of scam

The scam is similar to recent fraudulent texts and emails about unpaid tolls.

In a May news release, the Kentucky Transportation Cabinet warned residents of text messages that impersonate state agencies and have suspicious links meant to look like government URLs.

“If you receive one of these texts, do not click the link,” the news release warns. “KYTC does not collect traffic ticket fees or notify customers of violations, and we are taking appropriate steps to have the fraudulent websites taken down.”

Don’t click that link! Toll road scammers still sending fake payment requests via text

The messages may claim that if unpaid traffic fines aren’t paid right away, drivers will face actions such as their vehicle registrations or licenses being suspended, additional fees and prosecution.

What to do if you receive scam texts

Fraudulent text messages can be reported to the following agencies:

The Derby Alumni tracker checks in with the horses who raced in the Kentucky Derby, both this year and in previous years, keeping up with what they have done since they ran for the roses.

2025 Kentucky Derby

Three runners from the Kentucky Derby have started again since the run for the roses: Journalism, Sandman and American Promise all returned in the Preakness on May 17. Journalism fared best of the three, finishing heroically to catch Gosger and win the second jewel of the Triple Crown. Sandman rallied for third, while American Promise checked in eighth.

Most of the entrants in the Kentucky Derby are back in action this Saturday. Sovereignty, Journalism and Baeza, as well as the scratched Rodriguez, will clash in the Belmont Stakes. Both Citizen Bull and Neoequos turn back in distance for the Woody Stephens (G1). Five more also turn back in distance, as well as get a drop in class, in the Matt Winn (G3) at Churchill Downs: Final Gambit, Burnham Square, East Avenue, Chunk of Gold and Coal Battle.

2024 Kentucky Derby

Saturday afternoon at Churchill Downs, Mystik Dan won for the first time since capturing the blanket of roses in 2024. Coming off a second in the Lake Ouachita at Oaklawn, Mystik Dan did one better in the Blame. The trip looked eerily familiar: he tracked the pace while saving ground under Brian Hernandez Jr., got through into the lane, opened up, and kept going. However, the finish wasn’t a nail-biter like the Kentucky Derby had been: he won by a measured 1 1/4 lengths over Antiquarian.

Grand Mo the First returned to action May 24 in an allowance going 7 1/2 furlongs on the Gulfstream grass, his first start of the yeaer. Sent off the odds-on favorite, the son of Uncle Mo didn’t have the best of trips: he broke a little bit slow, and even though he was still able to get into a tracking position, he had to check in the lane. He kept coming, however, only missing catching winner Eldest Son by a neck.

Four horses from the 2024 Kentucky Derby field are scheduled to race in the coming days. Both Fierceness and Just a Touch are entered to contest the Met Mile (G1) on Saturday at Saratoga. Epic Ride is also entered in stakes company Saturday. He will go five furlongs on the Churchill Downs grass in the Mighty Beau. Catalytic, second in an allowance optional-claiming race last time out, remains at that level at Gulfstream for his race Saturday at one mile on dirt.

2023 Kentucky Derby

Two horses from the 2023 Kentucky Derby field raced in Japan recently. 

Continuar returned to the winners’ circle in the Ritto Stakes, a listed race on May 18 going seven furlongs on the dirt at Kyoto. It was the shortest distance of his career, and though the public ignored him as a 40-1 long shot the son of Drefong took to it well. He saved ground just behind the leading group, had aim on leader Smart Sunny in upper stretch, drove past to that foe’s outside and scored by half a length.

Mandarin Hero contested the Oi Kinen on May 21. The race was his first start since November, and perhaps he needed it. He was never involved, and finished 13th in the field of 15.

2022 Kentucky Derby

Ethereal Road returned to action May 18 in a $16,000 claiming race at Churchill Downs going 1 1/16 miles on the dirt. He was left near the rear of the field of six after checking early. Ethereal Road made an honest rally in the lane but couldn’t quite catch the rest; he checked in fourth, but beaten only a length. He was claimed out of the race by trainer Joe Sharp for new owner TEC Racing.

Two horses from the 2022 Kentucky Derby field are entered to race in the coming days. White Abarrio, unraced since winning the Ghostzapper (G3) in March, returns in Saturday’s Met Mile, a race in which he ran third in 2023. Tiz the Bomb, who makes his first start since an eighth-place run in a starter allowance at Gulfstream in December, drops to the $7,500 claiming level for a 1 1/16 mile race on the dirt at Penn National on Thursday evening.

2021 Kentucky Derby

Like the King made his 7-year-old debut in a 7 1/2-furlong turf allowance at Gulfstream Park on May 24, the same race in which 2024 alumnus Grand Mo the First made his seasonal debut. Like the King settled at the rear after checking early, but could only run on evenly in the lane and settled for fourth, 4 1/4 lengths behind the winner Eldest Son.

Brooklyn Strong raced twice within the last month. First, he contested a $16,000 claiming race at 1 1/16 miles on the Penn National on May 16. He settled well off the pace in the field of five, and though he was not able to reel in the more forwardly placed Styner, he finished with good interest and rallied for second, 6 3/4 lengths behind the winner. Brooklyn Strong returned to the track at Parx on Monday for a $15,000 claiming race at the same 1 1/16-mile distnace on dirt. He was wide into the first turn, worked a place tracking in the second flight, but had no response when asked on the far turn and flattened out to finish sixth behind Hey Porter.

2020 Kentucky Derby

Enforceable made his second start of the year May 11 in the Clásico La Copa at Monterrico. He was keen to the early lead, and carried a clear lead for much of the race. He was headed past the five-sixteenths, and though he continued to battle into upper stretch, he flattened out through the final furlong and had to settle for third behind Gluck.