MARTINSBURG – A federal grand jury today indicted Michael
Kennedy, a former West Virginia State Trooper, for using excessive force
against an arrestee. Assistant Attorney General Eric Dreiband for the
Department of Justice’s Civil Rights Division and U.S. Attorney Bill Powell
made the announcement.
Kennedy, 29, of Morgantown, West Virginia, is charged with
one count of “Deprivation of Rights under Color of Law.” According to the
indictment, the defendant is accused of using excessive force resulting in
bodily injury during an arrest on Nov. 19, 2018, in Berkeley County.
Kennedy faces up to 10 years incarceration and a fine of up
to $250,000. An indictment is merely an accusation. Under the Federal
Sentencing Guidelines, the actual sentence imposed will be based upon the
seriousness of the offenses and the prior criminal history, if any, of the
defendant.
A defendant is presumed innocent unless and until proven
guilty.
Assistant U.S. Attorney Jarod J. Douglas and Department of
Justice Civil Rights Trial Attorney Christine Siscaretti are prosecuting the
case on behalf of the government. The FBI investigated.
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