Robert Dean Penny, who is jailed on charges of first-degree murder, two counts of aggravated assault and criminal mischief, now faces a charge of having a contraband item in the jail.
The recent charge was filed this month. A search of the Baxter County Detention Center was conducted Aug. 23rd, and Penny was one of the several inmates found to have contraband items in their possession or control. In Penny’s case, he was accused of having a small amount of tobacco.
The 60-year-old Penny entered a plea of not guilty to the new charge during a session of Baxter County Circuit Court Thursday. He was ordered to reappear Nov. 29th.
Penny was originally arrested and jailed after his landlord was shot to death in December last year.
Officials say arguments over a noise complaint and a potential eviction allegedly led to the shooting death of the 71-year-old owner of the property located along Old Military Road.
According to the probable cause affidavit, Penny first confronted his roommate saying someone had been making noise in their house disturbing him. The unidentified male roommate, who said the men were living in a boarding house type environment, passed the complaint along to the landlord.
The landlord was reported to have gone to talk to Penny about the complaint and summoned all of the residents to the area where he and Penny were. Penny’s roommate said he saw Penny come from his room with a pistol.
The roommate fled from the area, hid and called 911. During the roommate’s call, four shots can be heard in the background.
Penny told officers the landlord had confronted him “in a rage” threatening to evict Penny. Penny told police the landlord began punching him in the chest, although investigators reported they didn’t find any visible marks on Penny.
After the shooting, Penny is alleged to have made threats to other people living at the residence, asking them, “you want some of this, too?” in reference to the pistol he was carrying.
A blue truck driven by Penny made a wild dash to escape the property and came very near hitting a Baxter County deputy sheriff and eventually crashed into a vehicle driven by Baxter County Sheriff John Montgomery. The sheriff was not in the vehicle at the time.
According to investigative reports, there were 22 shots fired during the incident. The landlord was struck in the hands, chest and face.
Penny has entered a plea of not guilty to the charges related to the shooting, and his lawyer has indicated to the court his client will claim self-defense.
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