How does an insanity defense work? Lawyer breaks down former Kentucky sheriff’s case

KNOXVILLE, Tenn. (WATE) — Counsel for a former Kentucky sheriff who has been accused of fatally shooting Letcher County District Judge Kevin Mullins has filed a notification that they are preparing to use an insanity defense. In this week’s Ask Isaacs, 6 News’ Lori Tucker and Attorney Greg Isaacs discuss the case and how insanity defenses work.

On September 19, former Letcher County Kentucky Sheriff Shawn “Mickey” Stines was accused of shooting Mullins multiple times after an argument in Mullins’ courthouse chambers. The shooting happened just days after Stines was deposed in a federal lawsuit

that alleged a deputy sheriff forced a woman to have sex in Mullins’ chambers for six months in exchange for staying out of jail.

It is still unclear exactly what the argument was about, but surveillance video captured the shooting without sound. Prosecutors played approximately 10 seconds of during a probable cause hearing. The video also reportedly showed Stines making a phone call and then using Mullins’ phone to make a call, both of which were made to Stines’ daughter, a Kentucky State Police detective testified.

Following the shooting, Stine was charged with first-degree murder and indicted on one count of murder of a public official. He pleaded not guilty the charge.

In the weeks following the shooting, Stines announced his retirement after 22 years as Letcher County sheriff following a letter from Kentucky Governor Andy Beshear stating that if Stines did not take action, he would be removed from his position.

Although it is difficult, approximately 30 defendants successfully plead insanity every year, according to the Isaacs Law Firm. In Tennessee, a not guilty by reasonable insanity verdict in especially difficulty.

Tennessee also has the concept of diminish capacity, which is not a defense, but is rather used to attack the prosecution’s proof of intent and show that the defendant was not capable of formulating the intent required to commit the crime they are charged with.

While the insanity defense is very similar between Kentucky and Tennessee, Kentucky offers an additional verdict of guilty but mentally ill that requires the defendant to receive the same sentence as a guilty verdict while also receiving treatment, the Isaacs Law Firm explains.