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, W.Va. 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.