Fatal Fort Smith Shooting Suspect Charged With First Degree Murder

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Denver Pennington

FORT SMITH (KFSM) — A man has formally been charged after a fatal shooting in Fort Smith early Tuesday morning (Jan. 26).

Denver Pennington, 29, was charged with felony first degree murder, and being a felon in possession of a firearm and habitual criminal, according to a press release from prosecuting attorney Dan Shue.

Police said they arrested Pennington, 29, after he shot and killed Arthur McIntyre, 33, in the backyard of a home near North 30th Street and Alabama Avenue.

Officers were called in around 2:30 a.m. after neighbors called 911 when they heard gun shots, according to a probable cause statement.

Witnesses said that they heard a gunshot and then heard Pennington yell either “Brother got shot” or “I shot Brother,” according to the statement.

Pennington said that McIntyre was intoxicated and kept saying he wanted to get in a fight, the report states. Pennington said when he was trying to leave, McIntyre came toward him and said he was going to shoot him, so Pennington shot him.

In the statement, Pennington said he left and threw the gun out the window of his vehicle, but police couldn’t find it.

Witnesses told police that McIntyre was unarmed when he was shot.

Pennington’s arraignment is scheduled for Feb. 3.