On November 27, 2016, a tragic incident occurred in the Coon Branch area of McDowell County, West Virginia, resulting in the death of 16-year-old Jeremy Ray Daugherty. The events unfolded when Michael Glenn Kennedy, the estranged husband of Jeremy's mother, Jessica Daugherty, entered their home just after 1:00 a.m.
Michael Glenn Kennedy forcibly entered the home, as evidenced by video surveillance footage showing him with his gun drawn, forcing his way through the front door. Once inside, Kennedy shot both Jessica Daugherty and her son, Jeremy. Jeremy died at the scene, while Jessica was seriously wounded, having been shot twice, with one bullet penetrating her brain and causing severe injuries, including blood flowing from the back of her head and one of her eyes appearing bulged out.
In the immediate aftermath of the shooting, Jessica, despite her critical condition, managed to make a statement identifying Michael Glenn Kennedy as the shooter.
This statement was recorded by law enforcement, specifically Trooper Woods, who quickly retrieved his recording device as it appeared that Jessica's death was imminent. Although Jessica survived for approximately six months following the shooting, she remained largely nonverbal and in a severely debilitated state, eventually passing away while being cared for in a nursing home.
Following the shooting, Michael Glenn Kennedy fled the scene with Jessica's purse, which contained a significant amount of cash. He was later found in a wooded area in Wyoming County and was arrested without incident by West Virginia State Police Troopers David Pierson and Ralph Justus. During his arrest, Kennedy was transported to the West Virginia State Police detachment in Jesse, West Virginia, where he was subjected to two recorded interviews. In these interviews, Kennedy admitted to shooting both victims but claimed he acted in self-defense when Jeremy allegedly pulled a gun on him. However, he also admitted to taking money from Jessica's purse and using some of it to purchase drugs, which he consumed before his arrest.
Kennedy's statements during the interviews were scrutinized in court, with Kennedy later arguing that his statements were not knowingly, intelligently, and voluntarily made due to his alleged intoxication and coercion by Trooper Justus. However, the court found the testimony of Trooper Pierson credible, noting that Kennedy appeared tired but not confused during the interviews. The court ultimately denied Kennedy's motion to suppress these statements.
Michael Glenn Kennedy's actions and subsequent arrest led to a trial, where he was held accountable for the crimes committed against Jessica Daugherty and her son, Jeremy. The court's decision to admit the audio recording of Jessica's statement identifying Kennedy as the shooter was upheld, despite Kennedy's argument that it should be excluded as hearsay since Jessica did not die immediately after making the statement. The court ruled that the statement was admissible under the 'dying declaration' exception to the hearsay rule, given the circumstances under which it was made.
