Feared for life, man says in tape shown at murder trial

FORT SMITH -- The state rested its first-degree murder case against Denver Pennington on Wednesday after jurors watched a video of him explaining his justification for shooting a man in January.

Pennington is accused of fatally shooting Arthur McIntyre, 33, early Jan. 26 outside a home at 3001 Alabama Ave.

Pennington's attorney, Erwin Davis, said during Tuesday's opening statements that Pennington was defending himself from McIntyre, who Davis said had threatened Pennington with a knife inside the house, which caused Pennington and fiancee Cymanthia VanMatre to leave.

deputy prosecutor Allison Alison Houston announced the completion of the state's case Wednesday afternoon after Pennington told police in a videotaped statement that he was afraid for himself and VanMatre when McIntyre charged at them as they tried to get away.

"If I just walked away with you instead of pulling that trigger, we wouldn't be here," Pennington told VanMatre on March 3 in a telephone conversation, recorded from the Sebastian County jail, that was played for the jury Wednesday.

Pennington said in the video that McIntyre had broken possessions he and VanMatre had moved into the home of Alexander Parrett on Jan. 26 and had pushed and threatened Pennington.

VanMatre, now of Winnsboro, Texas, testified that both men pulled out knives during the confrontation but held the weapons at their sides.

VanMatre testified that she and Pennington were at the home because they were looking for a place to stay and Parrett had agreed to rent out one of his bedrooms for $75 a week.

Pennington said he wanted to move out of the house about two hours after moving in because the four other people in the house were drunk. VanMatre said McIntyre and Parrett were going from room to room, dancing and playing loud music in the middle of the night.

She testified that she could hear McIntyre in Parrett's bedroom screaming about them and making threatening remarks.

She and Pennington hurried to load their possessions back into the car to get away, VanMatre said. She said Pennington checked two rifles by the backdoor to see if they were loaded and then grabbed one and held it while he and VanMatre retreated out the backdoor to their car.

Pennington said in the video that he yelled twice at McIntyre as he emerged from the backdoor, telling McIntyre to come no closer or he would shoot. He said that when McIntyre passed through a chain-link fence gate next to the car, he shot McIntyre once.

In the video, Pennington changed his story. First he said the fence was between him and McIntyre when he shot him. Later, he told investigators there was no fence between them when he shot McIntyre.

The state presented evidence Tuesday to show the chain-link fence was between the two men. Photographs showed a hole in the fence where some of the links were missing. Police investigators testified that they believe the bullet fired at McIntyre went through the fence, caused damage to the fence and fragmented the bullet before it struck McIntyre.

The damaged slug was found near McIntyre's body.

Although autopsy photos from the state Crime Laboratory showed three large wounds and several smaller wounds on McIntyre's chest, Associate Medical Examiner Adam Craig said McIntyre died from a single gunshot that nicked his aorta, causing him to bleed to death, and exited through his right lower back.

He said the other wounds were caused by fragments of the shattered bullet.

Crime Lab firearms expert Jennifer Floyd said a small, curved piece of dull gray metal recovered from McIntyre's body could have been part of the chain-link fence.

The Sebastian County Circuit Court jury of seven men and five women also heard VanMatre contradict prosecution evidence on the witness stand Wednesday.

VanMatre testified that when McIntyre was shot, he was wearing camouflage coveralls, boots and a gray hoodie. The state introduced testimony and photographs showing that McIntyre was wearing a T-shirt, shorts and socks when he was killed.

Sebastian County deputy prosecutor Alison Houston showed those photographs to VanMatre, but she insisted that McIntyre was wearing the coveralls, boots and a hoodie.

She said she believed that McIntyre was concealing a weapon before he was shot because he was holding his hands in the hoodie pocket as he approached her and Pennington.

Investigators testified Tuesday that they found no knives or other weapons on or around McIntyre when they processed the shooting scene.

Testimony continues at 9 a.m. today.

NW News on 09/08/2016

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