2007-12-21

Kenneth Duane Balentine arrested and charged with murder on December 21, 2007

12-21-2007 Date of the offense

On December 21, 2007, at about 4:30 p.m. police were called out to a home at 1400 Tennant Street.

On arrival, they found 29-year-old Justin Hobbs suffering a gunshot wound to the head. He was transported to a nearby hospital where he was put on life support.

Police arrested Kenneth Duane Balentine, the homeowner, at the scene and charged him with aggravated assault with a deadly weapon.^[1]

Police talked to Balentine and learned that Hobbs had been at the house earlier but was asked to leave because of his disorderly behavior.

According to Balentine, Hobbs later returned and began pounding on the back door. In response Balentine went to the door and opened it after warning Hobbs to "stop disrespecting the house."

Balentine told police that once he opened the door for Hobbs, the other man suddenly punched him in the face, causing him to fall backwards onto the floor.

Balentine said that while he was on the floor, he saw Hobbs reaching for a pipe or stick that was kept by the door. Per Balentine, as Hobbs was reaching, he made a statement about Balentine "needing to use that gun if he drew it"

Balentine, who carried a firearm on him, said he drew his weapon and shot Hobbs in the head in self-defense.

Hobbs died in the hospital on December 23, 2007. Police arrested Balentine for the murder of Hobbs the next day.

January 14, 2010 Jury Trial

At trial, prosecutors presented evidence that contradicted Balentine’s account of self-defense.^[2]

His son testified that Balentine said Hobbs was still standing outside when he was shot and that Balentine dragged him into the house afterward. Evidence showed that Hobbs’ hood appeared to have been pulled over his head as though his body had been dragged.

Investigators also found no pipe or stick near the door, no visible injury to Balentine’s face and no damage to his glasses.

During trial, it was shown that Balentine had displayed his gun during an earlier confrontation with Hobbs. After the shooting, he walked to a convenience store, bought a soda and appeared calm and in a good mood.

Balentine had also initially feigned ignorance as to what happened. When told that Hobbs was the victim, witnesses said that Balentine made remarks suggesting he believed Hobbs had brought the violence upon himself.

A Potter County jury rejected Balentine’s self-defense claim and convicted him of murder January 14, 2010. A judge sentenced him to 25 years in prison the following month.^[3]

April 8, 2011 7th Court of Appeals Affirms Judgment

Balentine appealed, arguing that the evidence was insufficient to reject self-defense and that his attorney should have raised a “sudden passion” argument during sentencing. On April 8, 2011, the Seventh Court of Appeals upheld the conviction and sentence, finding that the jury had ample reason to disbelieve Balentine’s version of the shooting.^[4]