Charleston Gazette
Charleston, WV
6/14/1989
INDICTMENT AGAIN KIDD DISMISSED
Kanawha Circuit Judge Andrew MacQueen Tuesday dismissed a murder indictment against Bennie Kidd because of insanity. Prosecutors will now try to commit Kidd to a mental institution instead of prison.
Kidd, 52, of Clendenin was charged with first-degree murder in the shooting death of W. E. Hershberger, 83, also of Clendenin.
Hershberger was shot in the chest Jan. 21, 1988 with a 12-gauge shotgun while driving past Kidd's home near U.S. 119, police said. Sheriff deputies arrested Kidd, who was carrying a shotgun, near the scene less than an hour after the shooting.
Sheriff deputy John Johnson testified at a preliminary hearing that Kidd said he believed Hershberger was holding him and his wife hostage and that "Jesus Christ told him to kill all the sinners". At a hearing Tuesday, Kidd's lawyers, Henry Wood and William Dobbs, argued Kidd was insane at the time of the shooting.
Doctors testified Kidd suffered paranoia and delusions. MacQueen dismissed the indictment after prosecutor Bill Hazlett said he probably could not prove Kids was sane. Hazlett will now seek to involuntarily commit Kidd to a mental institution.
Charleston Gazette
Charleston, WV
6/14/1989
INDICTMENT AGAIN KIDD DISMISSED
Kanawha Circuit Judge Andrew MacQueen Tuesday dismissed a murder indictment against Bennie Kidd because of insanity. Prosecutors will now try to commit Kidd to a mental institution instead of prison.
Kidd, 52, of Clendenin was charged with first-degree murder in the shooting death of W. E. Hershberger, 83, also of Clendenin.
Hershberger was shot in the chest Jan. 21, 1988 with a 12-gauge shotgun while driving past Kidd's home near U.S. 119, police said. Sheriff deputies arrested Kidd, who was carrying a shotgun, near the scene less than an hour after the shooting.
Sheriff deputy John Johnson testified at a preliminary hearing that Kidd said he believed Hershberger was holding him and his wife hostage and that "Jesus Christ told him to kill all the sinners". At a hearing Tuesday, Kidd's lawyers, Henry Wood and William Dobbs, argued Kidd was insane at the time of the shooting.
Doctors testified Kidd suffered paranoia and delusions. MacQueen dismissed the indictment after prosecutor Bill Hazlett said he probably could not prove Kids was sane. Hazlett will now seek to involuntarily commit Kidd to a mental institution.
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