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Wilhoit appointed Miller to defend Stines at the next hearing iLetcher County Sheriff Shawn “Mickey” Stines had his first court appearance Wednesday morning, following his arrest for last week’s shooting death of Letcher District Judge Kevin D. Mullins.

Stines had a virtual arraignment before a Carter District judge on a charge of murder in the first degree. A not guilty plea was entered on his behalf, since you cannot plead guilty to a felony in district court.   

The next scheduled court appearance for Stines will be for a preliminary hearing on Tuesday at 1 p.m. ET, at which time the judge will determine if there is sufficient evidence for the case to be bound over to a grand jury.

The Kentucky State Police is investigating the case. Jackie Steele, the Commonwealth’s Attorney for Knox and Laurel counties, and Deputy Executive Director of the Attorney General’s Special Prosecutions Unit Ramsey Dallam will prosecute the case on behalf of the Commonwealth.

On Sept. 19, Stines allegedly walked into Judge Mullins’ outer office, told court employees and others gathered he needed to speak with Mullins alone. The two then went into the inner office, closed the door and those outside heard shots following a short argument. Stines walked out with his hands up and surrendered without incident to law enforcement officers.

While authorities have not released details about the argument that led to shots being fired, media reports say Stines gave testimony during a deposition a few days before the shooting involving a case in which the sheriff was accused of not properly supervising a deputy who coerced a woman into having sex with him in Judge Mullins’ office.

The Lexington Herald-Leader reported that when it asked whether prosecutors plan to pursue the death penalty, special prosecutor Jackie Steele said: “Any decisions regarding the death penalty will be done at a later date when all the evidence has been processed and the case has had a thorough evaluation.”

It was the first time the sheriff was seen in public since the shooting, which sent shockwaves through the small town of Whitesburg near the Virginia border.

If convicted of murder, which is a capital offense, Stines could face up to life in prison. Since Mullins was a public official, the death penalty could also be an option, although a court ruling has banned that penalty for more than a decade.

Much of the hearing Wednesday revolved around Stines’ ability to pay for his own attorney.

Josh Miller, the public defender who appeared alongside Stines, said the sheriff could incur significant costs defending himself and will soon lose his job as sheriff, which Stines said pays about $115,000 annually.

Kentucky Gov. Andy Beshear wants to hasten the sheriff’s resignation.

In a letter sent to Stines at his lock up, the governor’s general counsel called on Stines to submit his resignation to Letcher County’s judge-executive by the end of Friday. If he fails to do so, Beshear will move ahead with his removal, the letter said, citing a state law allowing for removal of “peace officers.”

During the short court hearing Wednesday, Wilhoit asked Stines if he had been looking for an attorney to hire. Stines replied: “It’s kind of hard where I’m at to have contact with the people I need to.”

Miller said the cost of defending Stines could ultimately cost several hundred thousand dollars.

Wilhoit appointed Miller to defend Stines at the next hearing in October but warned Stines that the trial court could require him to pay for his own attorney.