Sentence for murder, gun verdicts is 70 years

FORT SMITH -- A Sebastian County circuit judge sentenced a Hackett man to 70 years in prison Wednesday after a jury convicted him of second-degree murder and being a felon in possession of a firearm.

It was the second trial for Denver Pennington in the Jan. 26 shooting death of a Fort Smith man. Pennington, 30, was tried in September on charges of first-degree murder and being a felon in possession of a firearm, but the judge declared a mistrial when the jury could not decide on a verdict.

The jury of seven men and five women deliberated for three hours Wednesday before returning with the guilty verdicts.

Deputy prosecutor Alison Houston asked jurors to convict Pennington of first-degree murder, which is defined as purposely causing a death. But the jury decided on the lesser offense of second-degree murder, which is defined as causing a death under circumstances manifesting extreme indifference to the value of human life or causing death with the purpose to inflict serious physical injury.

Houston asked jurors to sentence Pennington to maximum prison terms for the two offenses, which were expanded to 60 years for the murder and to 40 years for the firearms charge because of four prior felony convictions.

"How soon do you want Denver Pennington back out on the streets of Fort Smith?" she said.

After deliberating for another hour, the jury recommended Pennington be sentenced to 35 years for second-degree murder, another 35 years for being a felon in possession of a firearm, and the sentences run consecutively. The jury also recommended fines of $10,000 on the murder count and $5,000 on the firearms count.

Circuit Judge Stephen Tabor followed the jury's recommendation in sentencing Pennington.

"I feel I have a sentence, too," Renee Withers of Fort Smith told jurors about how the death of her son Arthur McIntyre has affected her family.

She said her son's death left them with tears, sorrow and guilt, and that McIntyre won't see his two children graduate from school or see his grandchildren be born.

McIntyre, 33, was fatally shot at the home of his friend, Alexander Parrett, at Parrett's home at 3001 Alabama Ave. in Fort Smith during the early morning hours of Jan. 26.

Pennington and his girlfriend Cymanthia VanMatre, now his wife, had showed up at Parrett's home looking for a place to stay, and Parrett allowed them to sleep on his couch for a few days for a small amount of rent. Pennington testified that McIntyre, who was drunk, didn't want them to stay and told Parrett he thought Pennington would cheat him on the rent.

Pennington testified McIntyre destroyed some of his property, threatened him and the two pulled out knives in a brief confrontation. Parrett, who also was drunk and was passed out for part of that night, testified he didn't see McIntyre do any of those things.

In closing arguments, Houston told the jury the evidence showed Pennington shot a drunk, unarmed man and there was no evidence, other than the testimony of Pennington and VanMatre, to justify Pennington's claim of self-defense.

Pennington's attorney, Erwin Davis of Fayetteville, told jurors McIntyre's threatening behavior had caused Pennington and VanMatre to pack their belongings and load them into his car about 2 a.m. Jan. 26. The shooting occurred near the car outside Parrett's home.

On his way out the back door, Pennington grabbed one his rifles, checked to see if it was loaded and pointed it at McIntyre when he said McIntyre, armed with a knife, charged out of the house at him. He gave McIntyre a warning not to come closer before firing one time, killing McIntyre.

Davis argued Pennington was justified in shooting McIntyre because the threats by McIntyre made Pennington fear for his and VanMatre's safety. Also, because Parrett agreed to let Pennington and VanMatre stay at his home, the house became Pennington and VanMatre's home, from which they had no duty to retreat from McIntyre.

Houston argued no rent money changed hands, Pennington and VanMatre were just guests in Parrett's home, and he couldn't claim self-defense. He could have walked away, locked himself in his car or scared McIntyre with one of his unloaded guns, she argued.

Houston also argued police never found a knife on or near McIntyre, and Pennington wasn't in imminent danger because his car and a chain-link fence were between them.

The autopsy found a fragment of the fence in McIntyre, which the state said proves Pennington shot through the fence.

NW News on 12/08/2016

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