Beech Tree News Network

 MORGANTOWN – A Butler County man accused of fatally shooting a retired minister and his wife returned to court Thursday with a new defense team that has filed several motions on his behalf.

Kevin Dye, 35, of Morgantown, appeared in Butler Circuit Court for a pretrial conference in his case. He is charged with two counts of murder, convicted felon in possession of a handgun and receiving stolen property (firearm).

Dye is accused of killing Kenneth Neafus, 71, and his wife, Dorothy, 70.

Kenneth Neafus was a pastor at Little Muddy Cumberland Presbyterian Church before retiring several years ago.

The couple were found dead Aug. 9, 2016, at their Richland Church Road home.

If convicted as charged, Dye could face the death penalty.

Dye is being represented by Bowling Green attorneys Currie and Wesley Milliken, who Dye’s family retained in place of capital trial public defenders from the Kentucky Department of Public Advocacy.

Since becoming Dye’s attorneys last month, the Millikens have filed motions to move the case out of Butler County, remove the death penalty as a possible punishment and have separate juries determine Dye’s guilt or innocence and to determine his punishment, if he is found guilty.

Special Judge Janet Crocker, who was appointed to preside over the case after Butler Circuit Judge Tim Coleman recused himself, did not rule on those motions but granted a defense motion to have the Department of Public Advocacy continue providing investigative services for Dye.

The change of venue motion argues that the Neafuses’ standing in the community and publicity of the case through news coverage prevents Dye from receiving fair trial in Butler or any adjoining counties.

“The Neafuses had had a profound impact on numerous people’s lives considering all of the churches Mr. Neafus had pastored and all of the counseling and community involvement he and his wife had been ... involved in,” the motion said. “It will be virtually impossible to find anyone in Butler County, Kentucky, that had not heard about, read about and/or formed an opinion about this case in light of all the circumstances surrounding it.”

Four people who live, work or attend church in Butler County have given affidavits supporting the Millikens’ bid to move the trial, court records show.

In the motion to remove the death penalty as an option, Dye’s attorneys argue that Kentucky’s death penalty statute is unconstitutional and that Dye, who his attorneys say in court filings “has been profoundly deaf since birth,” qualifies as being intellectually disabled, which would make the death penalty cruel and unusual punishment to impose against him.

A transcriptionist from the state Administrative Office of the Courts has been present at court hearings to enable Dye to follow the proceedings, allowing him to read typed transcripts of each hearing.

Dye’s defense team also wants a separate jury empaneled for the penalty phase of the case if Dye is convicted.

To support their motion, the attorneys cite academic studies that conclude that a substantial proportion of Kentucky capital jurors reach a decision on punishment before hearing evidence about aggravating and mitigating factors during the penalty phase.

“Even in the best of circumstances, attempting to humanize the defendant to a jury who has just found the defendant guilty of a capital crime after hearing excruciating detail about that crime is an impossible burden,” Dye’s defense team said in its filing.

No trial date has been set in the case.

Butler County Common-wealth’s Attorney Blake Chambers said 22 items of evidence taken from the Neafuses’ home, Dye’s home and a vehicle belonging to Dye have been submitted to the Kentucky State Police Crime Lab for analysis.

“We anticipate having the results on those very soon, perhaps in a matter of weeks,” Chambers said.

After reports are completed on each of those items of evidence, another 30 items may be sent for analysis, Chambers said.

Dye is set to return to court Oct. 20 for another pretrial conference.

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Kentucky Press News Service

By Justin Story

Bowling Green Daily News

9/22/17