Ruthie Sinard Lindell stood before Criminal Court Judge Gary McKenzie, waiting for this day to let five years of soul-filling anguish and gut-wretcing sorrow spill out.
In a hushed courtroom, she wanted the world to know the torment and torture she — any mother — would endure with the murder of a son.
It was murder, albeit second-degree, because a jury said so at the conclusion of Jude Rod Pennington’s two-day trial held in September.
When it came time to give her victim impact statement, Lindell found herself in a bag of mixed emotions.
“Life will always be in a grieving stage,” she said in asking for the maximum sentence. “This is not the way I expected to feel,” she added.
After listening to family members testify on behalf of the man who killed her son, Lindell felt sympathy for what Pennington’s family has gone through since that fateful night.
“I do feel for the family,” she said. But, not at the expense of the loss of her son. No amount of time in jail allowed under the law would be justice for her son, she added.
On the other side during Tuesday’s sentencing hearing, family members recognized Pennington, 45, Ryan Rd., had acted improperly and recklessly during the Nov. 17, 2019, fatal shooting Travis Allon Sinard, 39, of Hood Dr. He should serve some time, they said, but pleaded for less than the maximum sentence.
Assistant District Attorney Philip Hatch relied on two witnesses — Tennessee Department of Corrections/Board of Pardon and Parole Officer Charles Stiriz and Cumberland County Sheriff’s Officer Investigator Robert “Bo” Kollros to present his case.
Also involved in the trial was Assistant District Attorney Allison Null. The two prosecutors were seeking the maximum sentence of 25 years in prison at 100% minus a 15% reduction if Pennington meets requirements during incarceration.
Crossville defense attorney Randal Boston relied on former CCSO Sheriff’s Investigator David Bowman, former co-worker Tony Kearley, brother Joel Pennington, son Tristan Pennington and stepdaughter Hailey Lawson.
Boston was seeking the low end of the 15- to 25-year sentence range.
Stiriz was the first witness Hatch called. It was his task to prepare a presentence report which included interviews and statements from Pennington and Sinard’s family.
He was also tasked with preparing the Strong-R report.
Strong-R is a risk assessment system used by Tennessee Department of Correction and Board of Pardons and Parole to evaluate the needs and risk of those convicted of crimes.
It is a collection of tools and among its use is remorse of the convicted and the possibility the convicted will break the law again.
Stiriz testified Pennington believed Sinard was supplying drugs to his ex-wife, Cynthia Pennington, despite no evidence being presented during the trial.
Stiriz quoted Pennington during his interview he did not intend to kill Sinard. He went to his ex-wife’s home on Colby Circle the night of the shooting to confront and fight Sinard.
Stiriz also did a criminal history search of Pennington and found him to have been charged with aggravated kidnapping, theft of services and worthless checks in Fentress County and kidnapping, evading arrest, obstruction of service of a legal writ and driving on a suspended license in Cumberland County.
Those charges all occurred between 1997 and 2001 and ended in pleas to misdemeanor offenses.
The report concludes Pennington is a low-risk to reoffend, citing pro-support of family and friends and continued mental health counseling for depression brought on by his divorce.
Kollros was the next witness called and testified several of the shots fired during the fatal confrontation struck the house where Cynthia Pennington was present, placing her in danger as well as Sinard.
He quoted Deputy Lucas Turner, first officer on the scene, who said Pennington told Turner, “I shot the bastard, and I hope he dies.”
When asked if Pennington assisted the victim after the shooting, or stayed at the scene, Kollros responded, “No.”
Boston called Bowman — a life-long friend of Pennington’s — who testified he was not concerned about the public’s safety concerning Pennington.
When asked about the type of sentence Pennington should receive, Bowman told the court, “I think the maximum is more than he deserves … he needs to serve something for what he did.”
Joel Pennington testified that while he did not know Sinard, he knew through conversations with his brother that the defendant “was trying to get his ex-wife off drugs.”
He added he did not believe “this incident is who he (Jude Pennington) is.”
Son Tristan Pennington said he was supportive of his father and described the events leading up to, including the shooting, as “unfortunate … there has to be consequences for his actions,” but not the maximum sentence, he added.
Stepdaughter Haley Lawson she is very supportive of the man she considers her father and testified she did not believe Pennington should receive the maximum sentence.
“I think he should be given a lesser sentence, if possible,” she said.
This set the stage for Pennington to offer a statement of elocution during which he said in a hushed tone he thought he was helping his children “but now realize it was not my responsibility … I should not have gotten involved.”
He ended by apologizing to the victim’s family and his own family.
In her written impact statement given to Stiriz, Lindell wrote, “My family will never be the same.”
She referenced bouts of depression over her loss and believed Pennington should serve the maximum jail time plus the time he was free on bond during the five years it took to bring the case to trial.
It was now Judge McKenzie’s turn.
State sentencing guidelines handcuff judges on what can and can’t be done during sentencing hearings and under the new guidelines, the judge has to start at the minimum sentence and then consider enhancing and mitigating factors in determining a sentence.
Hatch relied on the enhancement factors of past criminal history, personal injuries, lack of remorse, no hesitation in shooting at an unoccupied house while shooting Sinard.
Boston countered the criminal history was 20 years or older, the unusual circumstances surrounding the fatal shooting and family support.
Hatch argued for the maximum sentence while Boston conceded a sentence to be served, but on the lower end of the 15-25 years required by law.
While McKenzie acknowledge he believed the defendant’s actions — including leaving the confrontation and then returning armed with a rifle — “was some premeditation … it is not my job to replace the jury’s judgment with mine. No matter what the sentence, it would not bring the victim back … ”
McKenzie weighed the enhancement factors of criminal history, use of a firearm, the seeking out of the victim, the defendant did not help the victim but left after the shooting and high risk of life by firing into an occupied dwelling.
The judge accepted Boston’s mitigating factor of the incident would not have taken place under other circumstances and to a point, the 20-year-old charges being high misdemeanor convictions.
The judge then set a sentence of 22 years at 100% with possibility of 15% TDOC credit is met.
Motion for a new trial is set for tracking on March 4.