The case against a former rural Kentucky sheriff accused of fatally shooting a judge in his chambers has been sent to a grand jury.

Judge Rupert Wilhoit found probable cause during a hearing Tuesday in the case against former Letcher County Sheriff Shawn “Mickey” Stines. The sheriff pleaded not guilty to the incident last week.

Kentucky State Police Trooper Clayton Stamper, the lead investigator in the case, testified Tuesday that Stines and Judge Kevin Mullins had lunch at a nearby restaurant before the incident on Sept. 19.

Stamper testified that he was told the judge asked the sheriff if they needed to have a meeting in his chambers prior to the incident.

During an emotional moment, prosecutors also presented video from inside Mullins’ chambers at the time of the shooting.

Investigators said there is currently no evidence that the shooting was pre-planned.

Stines retired from his position on Monday.