The small-town Kentucky sheriff who allegedly gunned down a judge inside his chambers was acting 'in the heat of passion,' his defense attorney claimed.
Sheriff Shawn 'Mickey' Stines, 43, is accused of pumping eight bullets into his friend Judge Kevin Mullins, 54, after entering the judge's chambers at Lechter County Courthouse on September 19.
He pleaded not guilty to the murder - which has stunned the small town of Whitesburg - and resigned as sheriff.
Video 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,' defense attorney Jeremy Bartley told PEOPLE.
Sheriff Shawn 'Mickey' Stines (pictured), 43, is accused of pumping eight bullets into his close friend judge inside his chambers
Stines lawyers claim the sheriff was acting 'in the heat of passion' and the killing was not planned
'We believe there had to be a compelling reason for Sheriff Stines to feel like he had to take action. We are looking forward to obtaining additional information and begin to tell his story.'
Detectives are probing a potential motive, but the shooting is thought to have unfolded after Stines discovered his daughter's phone number in Mullins' phone.
CCTV footage played in court during a preliminary hearing on October 2 showed Stines checking his phone before making a call from the judge's.
Kentucky State Police Detective Clayton Stamper testified that he was told the sheriff had tried to contact his daughter from both devices.
As DailyMail.com exclusively reported last month, just hours before the shooting, the sheriff and judge, who were longtime friends, 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 lunchtime regulars together at the sports bar and on that fateful Thursday ordered their usual – both having the $13.99 wings with salad.
Stines is accused of gunning down Judge Kevin Mullins (pictured), 54, after entering the judge's chambers at Lechter County Courthouse on September 19
Video shows Stines pointing his weapon at Mullins as his hands are raised cowering behind his desk
'I was told that the judge made a statement to Mickey about, "Do we need to meet private in my chambers?'" Stamper said, according to CNN.
'When he was taken into custody, I was told by one of the other officers there that he made the comment, "They’re trying to kidnap my wife and kid."'
Police allege Stines walked into the judge's outer office, told court employees he needed to speak to Mullins alone, then proceeded to shoot him once they entered the inner office.
Stines then walked out with his hands raised and surrendered to officers, who placed him in handcuffs. He was charged with one count of first-degree murder.
Mullins was appointed to serve as a judge in the state's 47th district under former Gov. Steve Beshear in 2009. Stines was elected sheriff in 2018 and reelected in 2022.
The shooting is thought to have unfolded after Stines discovered his daughter's phone number in Mullins' phone
Stines pleaded not guilty to the murder - which has stunned the small town of Whitesburg - and resigned as sheriff
Cops confirmed they are investigating a 'sex scandal' motive among other leads in the sensational death of Mullins.
One thing undoubtedly preying on the mind of Stines, who was the 54-year-old judge's bailiff before becoming sheriff in 2018, was a civil lawsuit against one of his deputies who was convicted and sentenced for rape.
The 43-year-old sheriff was accused of not properly training and supervising ex-deputy Ben Fields, who coerced a woman on home incarceration into sex for favors – ironically in Judge Mullins's chambers.