Sheriff Shawn 'Mickey' Stines gunned down his friend of 30 years, Judge Kevin Mullins, inside a county courthouse on September 19.
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Bad news for Kentucky sheriff who shot judge friend dead in his chambers
Former prosecutors claim the Kentucky sheriff who shot a local judge dead in his chambers last year faces an uphill battle with his insanity defense.
Stines' lawyers
plan to present an insanity defense if the case goes to trial, claiming two weeks of intense stress drove him to murder.
Defense attorney Jeremy Bartley claimed Stines irrationally feared for the lives of his family after being questioned at a deposition for a sexual assault lawsuit.
The sheriff told officers seconds after the shooting, 'They’re trying to kidnap my wife and kid,' and expressed fear he would be murdered on the way to jail.
But two former prosecutors believe a jury is unlikely to believe he was insane as he appeared to know right from wrong when he pulled the trigger.
Georgia legal expert Phil Holloway pointed to
Kentucky State Police bodycam footage of Stines being arrested minutes after the shooting.
Stines was terrified of being transported to the Leslie County Jail, an hour's drive away, and begged to be locked up in the one next door instead.
'I leave this building, I won't draw another breath,' he told them while handcuffed, his leg nervously shaking.
Stines said he was worried the transport would stop along the way, and someone else would get in the car and kill him.
Holloway said Stines' fear that he would be killed, however paranoid or delusional, showed he knew that murder was wrong.
'If they know right from wrong, they can still be convicted even if they have a mental health issue,' he told
Fox News.
'He knows that killing is wrong because he's asking the police to not kill him.'
Michael Wynne, a former prosecutor in Houston, said the CCTV footage of the moments leading up to the shooting was even more damning.
'The video shows he knows what he's doing is wrong. If you don't know what you're doing is wrong, you don't usher everybody else out of the room, and you don't go ahead and make sure the door is closed,' he said.
'Those are all things that show that he has an ability to make cognizant decisions.'
Wynne said Stines risked a harsher sentence by trying an insanity defense, as the judge and jury could 'punish' him for pursuing it.
Bartley issued a legal filing saying his client's state of mind at the time of the shooting would be key to his upcoming trial.