Frederick Man Convicted For Fatal Shooting Inside Fast Food Restaurant

Darin Robey (Photo from Frederick County State’s Attorney’s Office)

Sentencing scheduled for October 4th.

Frederick, Md. (KM) – A Frederick man charged with  a fatal shooting inside the Burger King Restaurant on Routzahn’s Way last year was convicted on Friday. Darin Tyler Robey, 21, was found guilty of 2nd-degree murder, use of a firearm in the commission of a crime of violence and possession of a regulated firearm by someone under 21. Robey was 20 when the shooting occurred.

Circuit Court Judge Scott Rolle scheduled sentencing on October 4th, 2022 at 9:00 AM. Robey could get 65 years in prison for all counts, the State’s Attorney’s Office says.

On December 26th, 2021, at around 7:12 PM, Frederick Police were called to the Burger King to investigate reports of a shooting. They found the victim, identified as Jaion Antonio Penamon, 21, laying on the floor near the restaurant’s inner door. He was pronounced dead at the scene.

Police say Robey went to the fast food establishment to confront his girlfriend about an affair she was having with a co-worker. He had a fully loaded handgun in his pocket. As Robey began arguing with his girlfriend, Penamon noticed what was going on  from the outside, and went inside to confront Robey. There was an argument, and Penamon asked Robey to take it outside. Witnesses  told investigators that Robey pulled handgun from his pocket and shot Penamon twice in the chest. Robey fled the scene, but was later apprehended by police.

“I take confront in knowing that the family will receive justice for the murder of Jaion,” says State’s Attorney Charlie Smith, in a statement. “At sentencing, I will be asking for substantial incarceration for Robey for this truly senseless murder.”

Smith  and Assistant State’s Attorney Ricky Lewis represented the State in the trial.

By Kevin McManus