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Judge Declares Mistrial in Case of Man Accused of Killing West Virginia Trooper

Judge Joshua Butcher declared a mistrial after juror misconduct was found during voir dire in the trial of Timothy Kennedy, accused of killing a state trooper in 2023.

  • On Thursday, Judge Joshua Butcher declared a mistrial after juror misconduct arose during voir dire in the case of Timothy Kennedy, accused of killing West Virginia State Police Sgt. Cory Maynard in June 2023.
  • During voir dire, jury selection began Monday, and nearly 100 Mingo Countians were questioned over about 4 days, with 66 jurors questioned individually.
  • The defense has argued for a venue change, and Kennedy, of Matewan, was taken into custody hours after the Beech Creek ambush; the judge has not yet ruled on the motion.
  • The trial timetable now shows the trial, set to start next week, delayed until 2026 in Mingo County with jury selection during next term beginning January 2026; attorneys for both sides will meet soon to set a new date and prepare a new jury pool.
  • With questions unresolved, Judge Joshua Butcher did not specify the juror misconduct and is set to rule later on the defendant's motion to change jurisdictions to McDowell County.
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WSAZ NewsChannel 3 broke the news in on Thursday, December 4, 2025.
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