posted July 26, 2005
Prosecutors are asking a federal jury to convict Terry Penney on multiple drug cases as well as shooting a federal agent at his home at Soddy-Daisy.
Prosecutor Steve Neff told the jury Tuesday morning that Agt. Paris Gillette lost an eye after being shot in the face by Penney on Jan. 13 of last year.
He said Penney also fired twice at County Det. Marty Dunn. He was hit in the mouth and also got shotgun pellets in his protective vest.
The prosecutor said Penney finally put down his gun after being told repeatedly to do so.
Judge Allan Edgar is hearing the case.
Prosecutor Neff said an investigation began of Penney after authorities went to his residence in August 2003 on a domestic assault case.
He said officers found a gun with an altered serial number, scales, cash and a green tub with 100 grams of marijuana at the Penney residence.
He said an informant began working with agents, and he said it was learned that Penney was involved with George "Buddy" Hendricks and Ed Brown on drug sales, including both marijuana and cocaine. Henricks, who had a bar in Ooltewah, died before charges were brought against him. All other defendants in the case except Penney entered guilty pleas.
The prosecutor said at one point Penney wanted to arrange to have some of the drugs dropped off at Hamilton Place Mall.
He told the jury that Penney got some drugs from Mexico, and he said at one point Penney said he was robbed by some Mexicans and had his tires slashed.
Prosecutor Neff said Penney indicated he was selling the drugs at his bar in Soddy-Daisy.
He said the agents decided to go in at the Penney residence on Jan. 13, 2004. He said one man was arrested outside the rear of the home.
Agt. Gillette was with a group of officers at the front of the house. He said the agent knocked repeatedly, then decided to break through a window because he was concerned about the safety of the other officers.
He said the agent was shot just after breaking the window. He was taken to Erlanger Medical Center by LifeForce helicopter.
Attorney Lee Davis is representing Penney.
The government's first witness, Soddy-Daisy Det. Mike Sneed, said in late July/early August 2003 he was approached by Agt. Gillette, who said he had information that Penney had large quantities of marijuana. Sneed said he talked to other agents to learn about associates of Penney.
He said on Aug. 19, 2003, Vonnie Bowman came into his office to file a complaint of domestic violence and assault. She asked for assistance and he assigned an officer to help her. The officer returned and told Det. Sneed that she wanted to give information about narcotics. Penney was arrested for domestic violence and put in jail. Ms. Bowman gave consent for police to search for drugs. She said she had been living with Penney on and off for six years.
Det. Sneed said officers found weapons (20 guns), $1,300 cash, 100 grams of marijuana and scales.
Det. Sneed said on Aug. 20 Penney came into police department to inquire about weapons, and Penney told Sneed that someone gave him some pot and he planned to sell it at his bar.
It was testified that Sonny Stewart showed up and offered to help police in the case. On Sept. 12 an electronic device was placed on Stewart.
Stewart told Penney that he had a marijuana connection out west and was thinking about getting into dealing. He said he wanted Penney to be part of it. Penney told Stewart that he can make money possibly by hauling marijuana shipments for the Mexicans that deliver to him, it was testified.
Det. Sneed said on Sept. 18, 2003, the Mexican who was supposed to bring the marijuana shipment robbed Penney. The man was arrested with 100 pounds of marijuana.
On Sept. 23, 2003, Penney told Stewart that he wanted his guns back. Penney admitted one was stolen. Penney said he wanted to sell 100 pounds to Hendricks, but he now was afraid of his Mexican source so he said he was interested in Stewart’s source.
On Sept. 25, 2003, it was testified that Penney talked about Hendrcks as a marijuana/cocaine supplier. This is his first cocaine mention, it was stated.
On Sept. 29, 2003, Penney decided he wanted 200 pounds of marijuana from Stewart's source. Stewart left to report this to the agents, Det. Sneed said.
On Oct. 7, Stewart told Penney he had 200 pounds of marijuana and six kilos of cocaine. An undercover agent posed as the drug supplier, Det. Sneed said. Penney and Stewart met in the Wal-Mart parking lot. The undercover agent inquired about money. Penney said he was the middle man and went to Buddy’s bar to talk to Buddy and Hendricks. They agreed to purchase, it was stated. Hendricks said he wanted 10 kilos of cocaine every 15 days.
On Oct. 8, 2003, Penney first mentioned William North as a drug supplier. Det. Sneed said a dope shipment was supposed to come in, but for some reason it did not work out.
On Oct. 14, 2003, Stewart requested money from Hendricks. Hendricks said he would talk to Brown. The next day, Stewart went to meet Hendricks and Penney in a bar. But Det. Sneed said the narcotics team was spotted in the woods and the controlled buy did not come off.
On Oct. 21, 2003, Stewart contacted Penney, asking to see dope, the jury was told. Penney said he would complete the transaction with Hendricks, then he, Hendricks and others meet at a bar and make a fake tape denying the drugs.
Det. Sneed said on Dec. 16, 2003, Penney was going to set up a deal with Cotton. Penney showed Stewart a pound of the marijuana.
Then on Jan. 3, 2004, Penney ordered 100 pounds of marijuana from the confidential informant, it was testified. On Jan. 12, Stewart told Penney the drugs should be in by noon.
It was Jan 13. when Stewart went to Penney’s house. It was testified that Penney was worried because he was in a fight with Ms. Bowman, and he was afraid she would call police during transaction.
Penney called Cotton, who was also to receive some drugs, and he was on his way. Det. Sneed said he, Agt. Gillette and Det. Dunn were all waiting in a surveillance vehicle. Another van had about 8-10 police officers in it.
He said the officers had a warrant and were waiting to see money or marijuana. he said they had on bullet proof vests that said POLICE.
He said the warrant was activated and Cotton was arrested. He said he and Det. Dunn looked in the truck for the drug shipment. Det. Sneed said he was at the back of the house when he heard gunshots. Prior to the shots he said he heard the police yelling, “Sheriff's Department. Get on the ground!” He estimated that he was at least 60 foot from where the officers were yelling and he heard their knocking.
He said Det. Dunn told him he was shot. Det. Sneed said he felt him for blood, but found he was only grazed.
Det. Sneed said he yelled at Penney from outside and Penney asked, “Mike, is that you?” Det. Sneed said he went in and told Penney several times to drop the gun and get on the floor. He said Penney was holding the shotgun. He said Penney finally dropped it but still would not get on the floor as he was ordered to do.
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