Mountain Top Media
Deskins reaches plea deal that will see murder charge dismissed
PIKEVILLE, Ky. — Former assistant Pike County attorney Donald Kyle Deskins has reached a plea deal that will see his murder case dismissed in exchange for an Alford plea to an evidence tampering charge.
Deskins, 50, of Kimper, was scheduled to go on trial Monday for murder and two counts of evidence tampering related to the death of his wife, Judith Deskins, on April 24, 2021. The case had already gone to trial once last year, but ended in a mistrial after the jury was unable to reach a verdict.
Special prosecutor Tony Skeans told Mountain Top News that Deskins will enter an Alford plea to one count of evidence tampering in exchange for the other charges being dropped. An Alford plea is when a defendant maintains his innocence but admits that the prosecution could likely obtain a guilty verdict. For the court’s purposes, it functions as a guilty plea.
Skeans said he is recommending that Deskins serve five years for the charge.
The other charges are being dismissed without prejudice, meaning they could be brought back at a later time. However, that would be up to a different prosecutor.
Formal sentencing will take place June 5 in Hazard.
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Miners sue Buchanan County coal company for laying off 140 workers without notice
ABINGDON, Va. — Four former Buchanan County coal miners have filed a class action lawsuit against their former employer, alleging their terminations were in violation of federal law.
Joshua McCoy, Joey Hill, Timothy Vance and William Stiltner filed the lawsuit in federal court in Abingdon on behalf of themselves and approximately 140 employees who were terminated by Buchanan Minerals on April 28.
According to their complaint, the company operated six continuous miner units and two longwall units at its Buchanan County mine. However, the lawsuit alleges the company decided to shut down four of the continuous miner units on April 28, resulting in approximately 140 miners losing their jobs immediately.
The miners contend that each unit shut down qualifies as a “plant closure” under the federal WARN Act, which requires employees be given 60 days’ written notice before a plant closure resulting in mass layoffs.
The lawsuit seeks back pay and statutory damages for all of the miners who were terminated, as well as the miners’ legal costs.
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