Complaint about noise preceded shooting that killed Arkansas man; 22 rounds fired, affidavit states

A man was gunned down near Mountain Home on Dec. 5 by a 59-year-old man who had complained about noise in the boardinghouse where the two lived, according to a court filing.

Robert Dean Penny reportedly told police that he fired 22 rounds at Chester Raymond Hornowski, 71. After 18 rounds, Penny went to his room, reloaded and returned to the hallway to fire four more shots at Hornowski as he lay on the floor, according to reports.

Penny told police that he fired the four additional rounds because Hornowski "ruined his life," according to a redacted affidavit filed in Baxter County Circuit Court.

Hornowski's name is redacted from the affidavit, but he is identified as the deceased victim in a Dec. 5 news release from the Baxter County sheriff's office.

A resident of the boardinghouse said Penny confronted him Dec. 5 about another person there making noise and disturbing him, according to reports. The resident informed the landlord.

Then someone -- the name is redacted from the affidavit -- went to talk to Penny, and a meeting of all the residents was called.

Soon afterward, gunfire started.

The resident who had gone to the landlord saw Penny emerge from his room with a pistol in his hand, the affidavit says.

According to the affidavit from Sgt. Brad Hurst with the sheriff's office, Penny said, "Yeah, he's dead. You want some of this, too?"

"At that point, the man attempted to flee the room but slipped and fell, striking his head on a table," according to the affidavit. "He then got up and ran to his bedroom and hid by the bed and called 911."

That was the second 911 call placed from the boardinghouse during the shooting. The four additional shots can be heard on the call, according to reports.

Because of the redactions, it wasn't clear from the affidavit if Hornowski was the landlord of the boardinghouse, but that appeared to be the case.

Penny told police that he was threatened with eviction and was struck three times in the chest, the affidavit says. Police saw no evidence of injury on Penny's chest, according to the affidavit.

Penny said he went to his room, got his gun and went into the hallway, the affidavit says. The man who hit him made a gesture as if he was going to do it again, Penny reportedly told police. It was then that Penny began firing the shots that killed Hornowski, according to reports.

After police arrived, Penny tried to flee in a 2004 Ford pickup, and deputies fired their weapons at it as the vehicle accelerated toward one of them, reports say.

The pickup hit a ditch, became airborne twice and struck Sheriff John Montgomery's 2017 Chevy Tahoe, which was parked on the side of the road, before finally coming to a stop, according to the news release.

Montgomery wasn't in his vehicle, which is believed to be a total loss.

Penny was taken by ambulance to Baxter Regional Medical Center in Mountain Home, where he was treated for minor injuries and released to the sheriff's office.

Hornowski was found dead in the home with gunshot wounds in his hands, chest and face, according to the news release.

A Smith and Wesson 9mm semi-automatic pistol was found inside the residence, reports said.

Penny has been charged with first-degree murder, two counts of aggravated assault and criminal mischief. He is being held in the Baxter County jail in lieu of $1 million bond.

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Metro on 12/13/2017

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