BY ANNIE HOLLER
MOUNTAIN CITIZEN

WILLIAMSON, W.Va. — A Matewan man accused in the 2023 killing of a West Virginia State Police sergeant is scheduled to stand trial May 4 in Mingo County Circuit Court after a case marked by delays, a failed venue-change effort and a mistrial last year.

Timothy Kennedy Jr., 32, has remained jailed since June 2023 and faces charges of first-degree murder, first-degree robbery, disarming a law enforcement officer and two counts of attempted first-degree murder.

A Mingo County grand jury indicted Kennedy in January 2024 in connection with the death of Sgt. Cory Maynard, who was killed while responding to a shots-fired call in the Beech Creek area of Mingo County.

According to the indictment, Maynard was fatally shot, beaten with a weapon and stripped of his service revolver during the encounter.

Authorities also allege Kennedy shot Benjamin Baldwin of Matewan multiple times, critically injuring him.

The prosecution has moved forward after a series of setbacks that delayed the case.

Defense counsel previously sought to move the trial to McDowell County, arguing that Kennedy could not receive a fair trial in Mingo County due to extensive publicity surrounding the case. Court filings cited a survey of more than 300 prospective jurors that found at least 75% were aware of the shooting and 86% believed Kennedy was guilty of the charges against him.

But the case remained in Mingo County, where it was set for trial in late 2025 before Circuit Judge Joshua Butcher declared a mistrial in December because of juror misconduct.

The retrial is now scheduled to begin May 4, with jury selection starting April 27.

Court records show prosecutors on Monday issued 33 subpoenas to witnesses expected to testify, including Baldwin, responding officers, investigators, FBI forensic specialists and the state medical examiner.

If convicted, Kennedy could face life in prison without the possibility of parole.