LOUISVILLE, Ky. (WDRB) -- Kentucky's top lawyer is stepping in on the case involving a Louisville man accused of killing his mother after an emergency attempt to keep him in custody was denied.

Gavin Perkins is accused of shooting and killing his mother, Ruth Perkins, 69, in 2018. He was initially charged with murder, but the charge was dismissed in 2021 after he was found mentally incompetent to stand trial and ordered to a mental hospital. 

Ruth Perkins

Ruth Perkins was allegedly shot to death by her son, Gavin Perkins, in April 2018.

Earlier this year, a judge ordered Perkins to be involuntarily hospitalized for 60 days. But that order is set to expire Saturday, meaning he could be released from Central State Hospital this weekend.

His family believes he's dangerous and is fighting to keep him in custody.

"He's no longer my brother," Chad Perkins said. "He's my mom's killer."

Chad Perkins and his sister have been pleading for something to be done.

"When he came back from the military, he was a completely different person," said Perkins.

"My mom would drive him to the VA in hopes of him going to his appointments. To get the medical treatment that he needed," Kirsten Russell, Perkins' brother said.

Thursday, Commonwealth's Attorney Gerina Whethers filed an emergency petition for a 360-day involuntary hospitalization for Perkins so he would remain in custody once the initial order expires.

"I think the question is, why did they wait so long? We have been pressing them on this for weeks," Chad Perkins said. "If you're willing to take your loving mother's life, whose life would you not be willing to take?"

In a statement on Friday, Whethers said "In the 3 weeks I have been on the job, I have spent countless hours listening and seeking out options to keep the Perkins family and this community safe by keeping Mr. Perkins committed."

But Friday afternoon, the Perkins family said the petition had been denied by the doctors at Central State Hospital, allowing him to be released this weekend.

"We are very fearful for ourselves and for the general public," they said.

Attorney General Daniel Cameron's office has offered to take on the case and "try different options," that came after the needed referral from Governor Beshear and the Commonwealth's Attorney.

Late Friday evening, Gov. Andy Beshear said in a tweet that he had talked to Whethers and they agreed to honor the family's wishes and refer the case to the attorney general.

Cameron's office told WDRB News that he will examine every aspect of the case and consider every option. That includes pursuing charges against Perkins.

"The Perkins family is very appreciative of the Commonwealth's 5+ years in our case. We look forward to working with the Kentucky Attorney General to bring justice to our terrible situation. The family would like to wholeheartedly thank the community that has rallied around us showing all of their love, prayers and support," Mike Russell said in a statement Friday night on behalf of the Perkins family.

It's still unclear if charges will be coming, or whether Perkins could end up staying at Central State, get released or be taken to jail. 

"We were always told by Tom, Tom Wine, former Commonwealth's Attorney, that he would be immediately indicted on murder charges," Russell said. "Because if you can walk out of Central State, then he should be competent to face trial."

In a statement released just after 10:30 p.m. Friday, Whethers said she and her office had met with the Perkins family "to discuss all options that had been considered" and have "continued to have discussions with the Perkins family about developments in the case."

"We then filed a petition to have Mr. Perkins evaluated and request a subsequent hearing for the third time. This hearing was denied," the statement continued. "After five years of court hearings, pleadings, petitions, and exhausting all avenues that the law will allow, we will honor the wishes of the Perkins family to send the case to the Attorney General for consideration."

Louisville Mayor Craig Greenberg addressed concerns Friday about the Perkins' potential release, and said the city is  "aware of the situation" and is committed to making sure that "the community will be safe from this individual."

This story may be updated.

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