Photo: Robert Dean Penny
The re-trial of 62-year-old Robert Dean Penny, charged with first-degree murder in the shooting death of his landlord, has been delayed.
A jury trial had been set for later this month, but was rescheduled because court operations have been significantly restricted by the COVID-19 pandemic.
According to electronic court records, the re-trial is set to begin Oct. 19.
In September last year, a mistrial was declared after a Baxter County Circuit Court jury was unable to reach a verdict on the murder charge, after deliberating for about six hours.
The jury did find Penny guilty of aggravated assault and criminal mischief and sentenced him to 12 years in prison.
The aggravated assault charge stemmed from events following the shooting. Penny was reported to have bolted from the building, gotten into his pickup truck and made a wild dash to get away from the scene.
During his attempt to flee, Penny came close to running down a Baxter County deputy sheriff.
The deputy testified during the first trial he could hear the engine of Penny’s vehicle accelerating and testified it was headed straight toward him.
Officers fired at the truck in an attempt to disable the vehicle or the driver to protect fellow officers and to prevent what was described as a potentially very dangerous pursuit, if Penny had been able to drive away.
Penny told investigators he had not seen the deputy and, if he had seen him, “I certainly would not have hit him. I had already screwed up enough” for one day.
Penny has appealed his conviction. The case will be handled by the Arkansas Court of Appeals. The initial brief in the case is due in May.
Penny’s murder charge is based on allegations he shot and killed 71-year-old Chester Hornowski on Dec. 5, 2017. Penny is alleged to have shot the victim 18 times, reloaded and fired four more rounds into Hornowski’s dead or dying body.
Penny and others rented rooms in a complex owned by Hornowski located along Old Military Road. It was described during the first trial as a “boarding-house-type-arrangement.”
The shooting was reported to have been sparked by an eviction threat, apparently based on Penny’s refusal to participate in what were described as “work details” with other tenants.
According to testimony during the first trial, residents often “paid down” their rent by working around the property. One former tenant testified the chores included mowing, cutting wood, raking and doing small construction projects.
Hornowski, a 34-year veteran of the Chicago Police Department, had reportedly operated a similar-type, multi-resident facility in the Illinois city prior to retiring to the Twin Lakes Area to be near family.
Penny’s lawyer argued the shooting was done in self-defense, after Hornowski “came at” Penny in a rage.
The two men had allegedly been meeting about Penny not doing work around the property. Penny told investigators he was retired and had a number of health problems.
Apparently during that meeting, Hornowski told Penny if he could not work on the property, he would be asked to move.
Penny did not testify during the trial last year. Prosecutors did play a videotaped interview in which Penny told investigators Hornowski had punched him in the chest and was yelling and screaming,” with his face “all bloated and red.”
Officers reported they were unable to find visible marks on Penny’s body to bolster his allegation of being struck.
Penny said he warned the landlord to leave him alone, but “he came at me with those big, fat fists all balled up.” It was at that point, Penny said, he retrieved a pistol from his room and shot his landlord.
During the first trial, Prosecuting Attorney David Ethredge said shooting Hornowski 22 times was not self-defense, especially considering Penny reloaded and fired four more times after the initial volley.
The prosecutor told the jury in the original trial “this case is not about self-defense, this case is about choices, including Penny’s decision to shoot Hornowski multiple times.”
Deputy Public Defender Sam Pasthing, who was Penny’s defense attorney during the first trial, told the jury his client was “attacked” by Hornowski and Penny feared the attack would continue.”
Penny said he was angry with Hornowski at the time because if he had been asked to move, “It would have ruined my life.”
Ethredge asked member of the jury, “How mad would you have to be to pull the trigger 18 times, then reload and shoot the victim, who was dead or dying, four more times?”
Penny told investigators Hornowski was “an abuser of senior citizens,” requiring his tenants to do work for him. Penny told the investigators even though Hornowski knew he was not in good health, “he was always coming up with something he wanted you to do.”
According to court records, Penny is also charged with possessing contraband in the Baxter County jail, after he was locked up on the murder charge. The case will track with his re-trial on the murder charge.
Penny is an inmate in the Delta Regional Unit of the state prison system at Dermott.
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