Sunday, July 15, 2018

Pennington Uodate
A hearing on the issue of the competency of a Metamora man charged in the death of a two-year-old Tennessee girl has been set for September 18. Bobby Scott Pennington, 25, is charged with First Degree Murder, First Degree Felony Murder and Aggravated Child Abuse in the death of two year-old Destanee Elaina Harris. Pennington was watching the child at her Newport, TN. home while her mother worked at the time of the July 29, 2015 incident. The indictment alleges the child died a "premeditated" death, and if the defendant is convicted of the First Degree offense he faces a mandatory life in prison sentence. Prosecutors have not announced that they will seek the death penalty, likely because Pennington does not have a criminal record which would qualify him for the death penalty. Defense Attorney Jessica Sisk filed a request for a psychological evaluation of her client, and she says the hearing regarding competency is important because of the conflicting findings in the two subsequent evaluations. An examination by Andrew Demick, PsyD with Cherokee Health Systems found Pennington to possibly have a learning disability but he does not "meet diagnostic criteria for being intellectually disabled/mentally retarded." Dr. Demick goes on to say his forensic evaluation led to the determination that there is no evidence to support a diminished capacity defense, and "the defendant did not engage in the illegal behaviors due primarily to a mental defect or disease." And so the evaluator found that Pennington is currently competent to stand trial. Another evaluation by Dr. James F. Murray, Ph.D, points out that the defendant has expressed suicidal thoughts since his arrest, following episodes of cutting himself as a teenager "to relieve his depression." Pennington also reported a history of family violence and abuse, as well as prescriptions for antipsychotic medications. Dr. Murray classified the defendant as Mentally Retarded and "at marked risk of experiencing clinically significant psychological problems." The report also indicates that Pennington is in the severely depressed category, with suicidal ideation. The testing found the defendant functioning somewhat above the group of retarded individuals, but with restricted ability to understand legal standards and practices. Still Dr. Murray says additional time with Pennington's attorney, to process the information such as complex or lengthy testimony "would likely mitigate these impairments." Investigators allege that Pennington was the sole caregiver of the child at the time of her death. The victim's mother, Samantha Harris told investigators that she checked on the child at 6:30 am before she left for work and “she (the victim) was sleeping and appeared fine.” The results of the autopsy indicated that the child had died an hour to 90 minutes prior to the arrival of the emergency responders. “The autopsy also showed internal injuries that had been inflicted over a period of time, to include aged fractures and severe damage to the child's intestines, among other injuries. These injuries were a direct cause of the death of the child,” according to the warrant obtained by Newport detectives. Fourth Judicial District Attorney General Jimmy Dunn, said the toddler died of "blunt force trauma". Newport Chief of Police Maurice Shults at the time of Pennington's arrest said a four month-old sibling was removed from the home by investigators with the Tennessee Department of Children's Services, following the death of Destanee.


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