2013-05-01 Pendleton

#event/death/homicide #offense/robbery/aggravated #county/potter #street/Kentucky/S/800-block/823 #people/P/Polk/Stevon-Kentrell #people/M/Martin/Kenya-Abdule #people/B/Brown/Andrea #people/A/Ary/Damarrus

Murder of Edward Dewayne Pendleton

The murder of Edward Dewayne Pendleton occurred during a home-invasion robbery on May 1, 2013, at Pendleton's residence at 823 South Kentucky Street in the San Jacinto neighborhood of Amarillo, Texas. Pendleton, 26, was shot three times after several men forced their way into the house.

Kenya Abdule Martin was subsequently convicted of capital murder and sentenced to life imprisonment without the possibility of parole. Stevon Kentrell Polk, who participated in the robbery but was not alleged to have fired the fatal shots, was convicted of murder under Texas law governing criminal responsibility for the actions of a co-conspirator. He received a 45-year prison sentence.

Home invasion

At approximately 6 a.m. on May 1, 2013, Pendleton was in bed with Danielle Luce, the mother of his two sons, when Luce was awakened by a loud noise in the living room. She initially believed that the television had fallen from its stand.

Pendleton ran into the living room to investigate. Luce heard two gunshots and went to the bedroom doorway, where she saw Pendleton lying on the floor. According to her testimony, a man wearing dark clothing was standing over him and fired another shot into his back. Luce also saw a second man in lighter clothing.

The two intruders then forced their way into the bedroom and demanded money. One held a handgun against Luce while the other took her purse from a bassinet. The intruders also searched Pendleton's pants before leaving the house.

After the men fled, Luce attempted to help Pendleton. While still conscious, he repeatedly said either "Morris" or "Damarrus," apparently referring to Damarrus Ary. Luce called 911, and Pendleton was transported to Northwest Texas Hospital, where he was pronounced dead at 8:37 a.m.

Trial testimony established that Pendleton was known by the nickname "ATX." Luce testified that he had been involved in selling drugs, although she had prohibited drug transactions inside their residence.

Autopsy

Forensic pathologist Dr. Thomas Parsons determined that Pendleton died from three gunshot wounds:

One bullet entered below the right collarbone, passed through the right lung and exited through his back.
A second passed through his right upper arm and shoulder area.
A third entered through his left buttock, passed through his pelvic organs and liver, and lodged beneath the skin on the right side of his chest.

Parsons testified that the wounds to Pendleton's chest and lower torso were each potentially fatal.

Investigation

Pendleton's dying statement caused investigators to focus initially on Damarrus Ary, who was known as "Morris." After interviewing Ary, Amarillo police identified several additional suspects, including Andrea Brown, Stevon Kentrell Polk and a man known only as "K," later identified as Kenya Abdule Martin.

Police learned that the suspects had been staying at an Amarillo apartment occupied by Brown, Korntee Fennell, Marquis Wilkins and Zyrus Williams. Officers placed the apartment and a white Chrysler 300 associated with Brown under surveillance.

At approximately 7:50 p.m. on May 1, officers stopped the Chrysler after seeing Brown, Polk and Martin leave the apartment in it. A subsequent search of the car uncovered a Hi-Point .45-caliber semiautomatic pistol hidden beneath the rear seat.

Investigators also searched the apartment and recovered Luce's purse, her driver's license, the Social Security cards of Luce and her children, and a box of .45-caliber ammunition from which ten cartridges were missing.

Ballistics testing determined that the three cartridge casings found inside Pendleton's residence had been fired from the pistol recovered from Brown's car. Two bullets recovered from the house were also conclusively linked to the weapon. Martin's fingerprints were found on the pistol, its magazine and the ammunition box.

Investigators found palm and fingerprints belonging to Polk on Pendleton's damaged front door. A shoe impression on the door was also consistent with the tread of shoes Polk was wearing.

Accounts of the robbery

Brown testified that Polk and Ary asked her for a ride that morning. Martin accompanied them. During the drive, the men discussed finding "ATX" and deciding who would kick open his door. Brown parked approximately one block from Pendleton's residence while the three men approached the house.

According to Brown, the men returned within several minutes. Ary was carrying a purse, while Martin had a gun. Brown testified that Martin admitted shooting Pendleton. Polk appeared shocked and said that the shooting was not supposed to have happened.

Other witnesses testified that Martin later described kicking open the door and shooting Pendleton when he came into the living room. According to testimony, Martin said he initially believed Pendleton was carrying a gun and then admitted walking closer and shooting him again.

Martin maintained at trial that he was not one of the men who entered Pendleton's residence. Polk acknowledged participating in the planned robbery but argued that he had neither intended nor anticipated Pendleton's killing.

Arrests and charges

On May 2, 2013, Amarillo police announced the arrests of Martin, Polk and Ary:

Martin and Polk were initially charged with murder.
Ary was charged with aggravated robbery.
Brown was later charged with aggravated robbery for driving the men to and from the residence.

Brown pleaded guilty to aggravated robbery and received a five-year prison sentence under an agreement requiring her to testify truthfully in the prosecutions of the other participants.

Prosecution of Kenya Martin

A Potter County grand jury indicted Martin for capital murder, alleging that he intentionally or knowingly killed Pendleton while committing or attempting to commit robbery. Prosecutors waived the death penalty.

Following a four-day trial in February 2015, a jury found Martin guilty of capital murder. Because the death penalty had been waived, the mandatory sentence was life imprisonment without the possibility of parole.

Martin appealed, arguing primarily that the jury had received inadequate instructions concerning testimony from alleged accomplice witnesses. On March 15, 2017, the Seventh Court of Appeals rejected his arguments and affirmed the conviction.

Prosecution of Stevon Polk

Polk was tried separately in May 2015. Prosecutors did not contend that he fired the shots that killed Pendleton. Instead, they argued that he participated in planning and carrying out the armed home invasion and should have anticipated that a killing could result.

A jury convicted Polk of murder and sentenced him to 45 years in the Texas Department of Criminal Justice. The jury also imposed a $10,000 fine.

Polk appealed, arguing that the evidence did not establish that he intended or should reasonably have anticipated the murder. On July 12, 2017, the Seventh Court of Appeals affirmed the conviction. The court concluded that the evidence permitted the jury to find that Pendleton's shooting should have been anticipated as a possible result of the planned home-invasion robbery.

At the time of his arrest, Polk was also being investigated for the April 16, 2013, armed robbery of Planet X at 1804 South Bell Street. Police alleged that Polk, Marquis Dshon Wilkins and Jon David Fennell entered the business with handguns, restrained three employees and stole money and merchandise.