MINGO COUNTY, W.Va. –A psychologist who evaluated the Mingo County man on trial for the death of a state police trooper to the stand Thursday during the eighth day of trial.
Timothy Kennedy, 32, of Matewan is facing charges of murder, first-degree robbery, disarming a law enforcement officer, and two counts of attempted first-degree murder in the death of West Virginia State Police Sgt. Cory Maynard in June 2023.
The prosecutors, who say Kennedy ambushed Maynard while he was responding to a different shooting, are trying to convict Kennedy of first-degree murder.
Dr. Norman Brad Schmidt testified that he had evaluated Kennedy for “diminished capacity.,” which could still find him guilty of the crime, but of a lesser included offense like second degree murder.
He also evaluated Kennedy’s ability to form specific intent. Schmidt also testified that Kennedy was experiencing a psychotic episode due to heavy meth use during the shooting.
On Wednesday, Kennedy took the stand in his own defense. He testified that drugs like meth gave him bizarre hallucinations.
The jury has also heard from Kennedy’s sisters, mother, and father, all of who have testified in his defense. They also testified about Kennedy’s drug use.
The prosecution rested their case last week.

