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Darin Tyler Robey, 21, of Frederick, has been sentenced to 45 years for his role in the murder of 21-year-old Jason Penamon on Dec. 26, 2021, at Burger King on Routzahn Way.
Specifically, Robey was convicted in August of:
- Second-degree murder;
- Use of a firearm in a crime of violence;
- Possessing a firearm under the age of 21.
On the night of the shooting, officers said they found Penamon with two gunshot wounds laying at the front entrance of Burger King. CPR was performed by first responders until paramedics arrived and the 21-year-old was pronounced dead at the restaurant by police.
The investigation determined that Robey came to Burger King on the night of the shooting to confront his then-girlfriend who works there. Penamon reportedly witnessed this confrontation and tried to intervene.
When he then asked Robey to take it outside, Robey abruptly shot him twice in the chest and then fled from the scene. He was later apprehended, though his gun and phone were never located.
At sentencing, State’s Attorney Charlie Smith argued for over an hour as to why Robey was deserving of the maximum allowable sentence of 60 years.
During a volatile sentencing, Smith stated that "the most egregious second-degree murders deserve the harshest sentences.,” though fights broke out in the courthouse between the shooter and his victim, leading to a lockdown in parts of the courthouse.
“Robey lacked remorse from the second he pulled the trigger, to when he stepped over Jaion’s dying body and casually walked away, until today.”
The sentencing resumed an hour later when Judge Scott L. Rolle heard from members of the victim’s family and from the defense. Robey was then sentenced to a total of 60 years in the Division of Corrections, with 15 years suspended, for a total of 45 years of active incarceration.
Upon release, Robey will also serve five years of supervised probation.
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