CHARLESTON, W.Va. — U.S. Attorney Bill Powell said he is disappointed by the acquittal of a State Police trooper accused of beating a teenager but understands the legal standard was high.
“The real question was if and when the law enforcement officer crossed the line from law enforcement to violation of civil rights,” Powell said Tuesday on MetroNews’ “Talkline.”
“We thought we had proved he crossed the line beyond a reasonable doubt.”
.@USAttyPowell talks with @HoppyKercheval about the acquittal of Michael Kennedy after dash cam footage revealed him using force on a young suspect after a high speed chase. WATCH: https://t.co/wkudfIAoe1 pic.twitter.com/CjRv6VjKwM
— MetroNews (@WVMetroNews) December 24, 2019
U.S. District Judge Gina Groh dismissed the case against former Trooper Michael Kennedy with prejudice in an order filed Monday.
Kennedy was accused of kicking a 16-year-old suspect — identified in court documents only as J.H. — while he was being handcuffed, dropping him in a snowbank and slapping him.
The incident drew widespread attention when a dashcam video was released.
A federal indictment was filed against Kennedy last March, and a bench trial took place in October.
“Upon careful consideration, the Court finds the Government has not met its burden of proof beyond a reasonable doubt,” Groh wrote in the 34 page order filed in U.S. District Court for the Northern District of West Virginia.
After weighing the evidence, Groh concluded that Kennedy’s actions weren’t unreasonable given the tense, chaotic situation.
“The Defendant was presented with a suspect who put officers and others in harm by leading them on a highspeed chase,” she wrote.
“J.H. would not listen to verbal commands and continued to tense up and move his hands when Trooper Walker was trying to handcuff him. Even after being handcuffed, J.H. continued to ignore verbal commands.”
Speaking on “Talkline,” Powell acknowledged the burden of proof against the officer was high.
“All these cases are tough involving law enforcement officers and civil rights violations,” he said. “It’s a tough standard to prove.”
But he added, “I’m not sure we’d do anything different.”
B. Craig Manford, an attorney for Kennedy, told The Charleston Gazette-Mail the trial was fair and meticulous.
“Kennedy was overjoyed and we are grateful that he was able to receive a fair trial. He has had many sleepless nights over these events and is greatly relieved,” Manford wrote in a statement emailed to the newspaper.
“He can move forward with his life that has been on hold for so long and can again concentrate on his family. He also lost his career with the West Virginia State Police and can now focus on building a new career with a clean record.”