WHITESBURG, Ky. (WMDJ) — Attorneys for a former Letcher County sheriff charged with murder are asking a judge to eliminate the possibility of the death penalty being used before the case goes to trial.

The defense team for Shawn Mickey Stines filed a motion Monday requesting a hearing to examine his mental health and intellectual functioning. Under Kentucky law, a finding of serious intellectual disability or serious mental illness would bar prosecutors from seeking capital punishment.

Stines is charged in connection with the Sept. 19, 2024, shooting death of Judge Kevin Mullins, who was killed inside his chambers.

The motion asks the court to schedule a hearing where sealed and other evidence related to Stines’ mental health and intellectual functioning could be presented. Defense attorneys say the issue must be resolved well in advance of trial, noting the court is required to issue a ruling at least 90 days before proceedings begin.

The defense also asked that Special Judge Christopher Cohron recuse himself from the case, citing a meeting he attended with Mullins one week before the shooting. The Kentucky Supreme Court ruled last month that the decision rests with Cohron, but said it would consider a request to reconsider if he chooses to remain on the case.

If the court grants the motion, the death penalty would be excluded as a possible punishment, and jurors would not be questioned about capital punishment during jury selection.