FOR IMMEDIATE RELEASE
November 4, 2022
45 YEARS INCARCERATION FOR BURGER KING MURDER
FREDERICK, MD – Sentencing occurred today for Darin Tyler Robey, age 21, of Frederick who was found guilty by a Frederick County jury in August 2022 of Second-Degree Murder, Use of a Firearm in a Crime of Violence, and Possessing a Firearm Under Age 21. The murder happened on December 26, 2021, when officers with the Frederick Police Department were dispatched to the Burger King located at 101 Routzahn Way for a report of a shooting. Responding officers located the victim laying in the front entrance to the Burger King with severe injuries as the result of two gunshot wounds. CPR was performed until EMS arrived on scene. Regrettably, the victim Jaion Penamon, age 21, died of his injuries at the scene.
The State believes that Robey came to the Burger King that evening to confront his then girlfriend who works there. The victim witnessed this confrontation and tried to intervene. When Penamon asked Robey to take it outside, Robey abruptly shot him twice in the chest then fled from the scene. He was later apprehended. 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 (40 years for Second Degree Murder; 20 years for Firearm/Crime of Violence). Smith stated during sentencing that “the most egregious second-degree murders deserve the harshest sentences. 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.” Unfortunately, Smith’s presentation was interrupted when fights broke out in the courtroom between families of the victim and defendant necessitating a lockdown of the courtrooms and other parts of the courthouse. 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 active incarceration. Upon release, Robey will be under 5 years of supervised probation.
The State was represented by Frederick County State’s Attorney Charlie Smith and ASA Ricky Lewis.