A Perry County man was recently found guilty of murder by a jury in Knott County after an October mistrial caused his case to be moved there.

In Feb. 2019, James Ronnie McIntosh, 45, of Busy, was arrested for the fatal shooting of Danny Ray Mullins, 42, of Chavies, and was charged with one count of murder and one count of tampering with physical evidence. On Jan. 27, the jury in Knott County  found him guilty of both chrges.

During the trial, McIntosh’s attorney, David Johnson, argued that Mullins was not in a right state of mind, was behaving erratically and that he posed a threat to McIntosh, forcing McIntosh to defend himself. On the morning of the murder and in the days leading up to it, Johnson said, Mullins had texted his wife Crissy (Mullins) multiple times, with many of the messages being of a threatening or emotional nature, including messages where Mullins plainly stated to harm and kill McIntosh.

The Commonwealth’s Attorney’s Office, represented by Clay County’s Gary Gregory and Harold Rader, argued that McIntosh’s actions were not of self-defense, but rather of ill-mannered intent, explaining that the blood stains and shell casings obtained as evidence showed how Mullins and McIntosh moved. McIntosh, said the office of the commonwealth, made no effort to contact law enforcement to inform them of the incident and explain what happened, which demonstrates behaviors not demonstrating self-defense. The commonwealth attorney’s office further argued that the wounds on Mullins’s body didn’t appear to be from self-defense, as there were multiple shots, many from behind.

According to court documents, McIntosh admitted to shooting Mullins multiple times and trying to get rid of the weapon.

 “This male (McIntosh) stated that he shot Danny Ray Mullins at Fourseam and killed him. Then he left Fourseam and threw the gun off the bridge at Long John Silver’s. Plus, he stated that he shot 11 times,” court documents said.

After days of testimony from multiple sources, the trial ended on Jan. 27, with the jury finding McIntosh guilty of both charges, convicting him of one count of murder and one count of tampering with physical evidence. The jury recommended a 20-year sentence on the murder charge, which is the minimum amount of time to serve for murder, and a 5-year sentence on the tampering charge, the maximum amount of time to serve for the charge. The jury recommended the sentencing for each charge to be served concurrently.

“We’re glad the case came to that conclusion,” said Rader.

Formal sentencing will be held at 9 a.m. Thursday, March 5 in Perry Circuit Court.

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