Jury finds Frederick man guilty of fatal fast food restaurant shooting

BALTIMORE -- A 21-year-old Frederick man has been found guilty by a jury of using a firearm to commit a deadly crime, according to the Frederick County State's Attorney Office.

Darin Tyler Robey faces up to 65 years in prison for shooting 21-year-old Jaion Antonio Penamon at a Burger King in the 100 block of Routzahn Way in Frederick on the evening of Dec. 26, 2021, authorities said.

A jury found Robey guilty of second-degree murder, use of a firearm in the commission of a crime of violence, and possession of a regulated firearm while under the age of 21.

Robey was 20 years old at the time of the shooting, according to the Frederick County State's Attorney Office.

He allegedly went to the Burger King to confront his girlfriend about another relationship she was having with one of her coworkers. He showed up with a gun in his jacket pocket, authorities said.

Robey began to argue with his girlfriend. Penamon noticed the argument and went outside to confront Robey, according to the Frederick County State's Attorney Office.

As Penamon and Robey argued, Robey pulled the gun out of his pocket and shot him twice in the chest, authorities said.

Robey then ran away from the Burger King but was later apprehended by police, according to the Frederick County State's Attorney Office.

Penamon was found unresponsive and on the floor near the restaurant's inner door. He was pronounced dead by medical personnel at the site of the shooting, authorities said.

His sentencing is scheduled for Oct. 4, according to authorities.

After the jury announced its verdict, Frederick County State's Attorney Charlie Smith said that he took comfort in knowing that Penamon's family would receive justice "for the murder of Jaion."

"At sentencing, I will be asking for substantial incarceration for Robey for this truly senseless murder," Smith said.

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