Flutur sentenced to 30 years after changing plea

Posted March 29, 2022 at 2:14 pm

Emanuel Fluter Mugshot 12-18.psd

The outcome of a long awaited local murder case finally occurred last Wednesday, March 23, in Clinton Circuit Court when Emanuel Flutur, now 37, was sentenced in the death of his three year old niece, Josephine Bulubenchi.

The defendant, on February 25 with counsel Brad Shuffett and Lauren Hunter representing him at the proceedings, changed his plea in the case to guilty, but mentally ill, on charges of murder and assault 2nd degree.

Flutur was charged with slitting the child’s throat in her home on December 8, 2018 and has been incarcerated since the time of his arrest.

The defendant was formally sentenced last week to a maximum of 30 years imprisonment. He received a 30 year sentence on the murder charge and five years on the assault charge, to run concurrently. He will also receive credit for jail time already served.

According to court documents, “By agreement with the attorney for the Commonwealth, defendant withdrew his plea of not guilty and entered a plea of guilty but mentally ill to the charges contained in the indictment(s) and/or amended charges.

The high profile case saw several delays and various trial dates postponed, with the previously scheduled trial–which will no longer take place–receiving a change of venue and was to be held in Cumberland County.

At sentencing, the court informed the defendant (and counsel) of the factual contents and conclusions contained in the written Presentence Investigation Report (PSI) prepared by the Division of Probation and Parole and agreed with the factual contents of the PSI.

Further, the court wrote, “Having given due consideration to the PSI prepared by the Division of Probation and Parole, and to the nature and circumstances of the crimes, as well as the history, character and condition of the defendant, and any matters presented by the defendant (or counsel), the court finds:

* The victim suffered death or serious physical injury;

* Imprisonment is necessary for the protection of the public…because defendant is in need of correctional treatment that can be provided most effectively by the defendant’s commitment to a correction institution.”

“Insufficient causes having been shown why judgment should not be pronounced, it is adjudged by the court that defendant is guilty, but mentally ill of the following charges, Murder, with a 30 year sentence and Assault 2nd degree, with a five year sentence.

The court, because the defendant was considered poor, waived a $155 court cost and also, under KRS statute, ordered a DNA sample collected and credited him with time spent in custody prior to sentencing.