Kenneth Neafus and Dorothy Neafus
Butler murder case death penalty eligible
By Justin Story
The Bowling Green Daily News
MORGANTOWN — Major rulings in a Butler County murder case involving a man accused of shooting a retired pastor and his wife will likely be delayed until a new circuit judge is appointed to oversee the case.
Kevin Dye, 34, of Morgantown, is charged with two counts of murder and one count each of convicted felon in possession of a handgun and receiving stolen property (firearm).
He has pleaded not guilty to all counts.
Dye is accused of slaying Kenneth Neafus, 71, and his wife Dorothy Neafus, 70.
Kenneth Neafus was a pastor at Little Muddy Cumberland Presbyterian Church before retiring several years ago.
The Neafuses were found dead in their residence at 3455 Richland Church Road on the afternoon of Aug. 9.
Butler County Commonwealth's Attorney Tim Coleman has filed notice of aggravating circumstances in the case, making it eligible for the death penalty.
Dye appeared Tuesday in Butler Circuit Court for a status conference in his case, standing with his court-appointed lawyer, Michael Bufkin, capital trial attorney with the state Department of Public Advocacy.
Judge Steve Wilson, who presides over Warren Circuit Court, Division I, oversaw Tuesday's hearing in Butler County, having assumed the criminal and civil caseload there on an interim basis in the wake of the retirement last month of 38th Circuit Court Judge Ronnie Dortch.
Wilson said Tuesday that he believed it would be best to defer most decisions in the case to a judge who would be appointed to complete Dortch's unexpired term.
If the judge has a conflict of interest in the case, then everyone involved should wait for the appointment of a special judge to oversee Dye's case, Wilson said.
"My suggestion is you pass everything until the end of March or the first of April," Wilson said
Bufkin has filed multiple motions in the case, including a motion to have machinery provided by the Kentucky Administrative Office of the Courts to be set up in the courtroom that would transcribe all proceedings for Dye, who is hearing impaired.
"Mr. Dye is deaf, but he also doesn't sign," Bufkin said. "The AOC has a machine in their office that can transcribe everything in virtually real time and allow (Dye) to keep up with his own court proceedings."
Wilson granted that motion and another one by Bufkin to order law enforcement to preserve evidence.
Wilson deferred ruling on a third motion by Bufkin to allow him and his investigative team to access the crime scene, which has since been sold to someone who intends to rent out the property.
Bufkin was told by the judge to contact the property owner to see whether they will allow defense investigators to access the scene.
In regard to Dortch's vacancy, a seven-person judicial nominating commission will consider nominees for the judicial vacancy.
Anyone interested in being considered for the judgeship has until Thursday to complete and submit a questionnaire to the nominating commission, which will select three nominees from which Gov. Matt Bevin will make the judicial appointment.
http://www.bgdailynews.com/news/butl...668a9c3eb.html
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