Jury reaches verdict in Michael Wayne Pennington Jr. Murder Case

May 4—TAZEWELL, Va. — A Tazewell County man is facing the possibility of life in prison after a jury found him guilty Wednesday of first-degree murder in the 2017 death of a Bluefield, Va., woman whose body was found on East River Mountain.

Michael Wayne Pennington Jr., who is being held at an Abingdon, Va., corrections facility, was tried for first-degree murder, concealing a dead body and other offenses in the death of Kaitlyn "Katiee" Ann Toler of Bluefield, Va. Toler's body was discovered on April 6, 2017 along Mountain Lane in Bluefield, Va. Toler had lived with her mother, Mary Toler, and Pennington.

The May 2017 Tazewell County Grand Jury indicted Pennington on charges including first-degree murder, concealing a dead body, three counts of grand larceny, three counts of grand larceny with intent to sell or distribute; credit card theft; credit card fraud; and receiving goods from credit card fraud.

The jury received instructions Wednesday morning from Circuit Court Judge Richard Patterson. Commonwealth's Attorney J. Chris Plaster and attorney David Kelley, who is representing Pennington, then presented their closing arguments.

Deliberations started about 10:38 a.m., and the jury informed the court just before 5 p.m. that a verdict had been reached. Judge Patterson received the verdict forms and read them one at a time as Pennington and his attorneys, Kelley and Andrew Scruggs, stood.

Pennington learned that the jury had found him guilty of first-degree murder, concealing a dead body and all other charges. Kelley moved that the jury be polled, and each juror confirmed the guilty verdicts.

Members of Toler's family cried and shared hugs with Plaster, Chief Deputy Commonwealth's Attorney Brandon Goins and Assistant Commonwealth's Attorney Melanie Menefee soon after the verdicts were read. The family declined to comment after leaving the courtroom.

Judge Patterson scheduled sentencing for Aug. 3. A presentencing investigation will be conducted before that hearing.

Goins said after the jurors were dismissed that Pennington is facing up to life in prison for first-degree murder. He is facing additional prison time for the other offenses. Goins did not know immediately how many years these convictions could add to Pennington's sentence.

In the Commonwealth's closing argument, Plaster told the jury that Pennington had lied repeatedly to Toler's family and to investigators. The jury was shown of picture of Kaitlyn Toler and her son.

"From day one of this investigation, this case has been about Kaitlyn Toler," Plaster told the jury. He spoke about how her body had been discarded on Mountain Lane in Bluefield, Va. after she was murdered.

"But this is who Kaitlyn was," he said. "She deserved to live."

Plaster said that the Commonwealth's case against Pennington was "crystal clear" He showed the jury a still image taken from an ATM security video which showed Pennington using Kaitlyn Toler's credit card on March 20, 2017, the day the state believes that she was murdered.

Dr. Amy Tharp, assistant chief medical examiner, testified during the trial that Kaitlyn Toler had died as a result of "ligature strangulation," which means a rope, cord or some other flexible objected had been placed around her neck. Tharp estimated that ligature strangulation is fatal after three to five minutes.

Plaster told the jury how this length of time indicated premeditation, a factor in determining whether first-degree murder had occurred.

Pennington could have relented, but chose not to do so, Plaster said.

Evidence showed that Pennington repeatedly stole from both Mary and Kaitlyn Toler, Plaster said. At one point, Mary Toler had to put her money in a different bank account "so she could put gas in the car," he stated.

Pennington was by his own admission using drugs and was stealing from Kaitlyn Toler, but was warned by her mother that Kaitlyn would not be as forgiving, and told him that Kaitlyn "would turn him in if he was caught scamming or stealing from her and he was on probation," Plaster said.

Forensic evidence that investigators found included messages Kaitlyn Toler's cellphone, blood found on the home's garage floor and a hair taken from a ratchet strap buckle which matched her hair color. Plaster said. Pennington had borrowed a trailer and claimed to use it for hauling furniture, but witnesses in the neighborhood had seen it backed up to the garage late one night while Mary Toler was away at Pigeon Forge. He had told her that he had received a phone call from Kaitlyn stating that she had gone to Charleston.

Kelley told the jury in the defense's closing argument that the Commonwealth's case did not include a weapon, a time of death or a place of death.

"My client would have to prove a negative," Kelley stated.

Some of the evidence was found, "days, weeks, months or even years" after Toler's death, Kelley said. Bottle, syringes and other objects found near on Mountain Lane were not tested. Investigators considered Penningnton the prime suspect and did not focus on anyone else.

In the Commonwealth's final argument, Plaster said that the evidence against Pennington was clear, adding that over the course of the investigation, he thought he was smarter than Toler's family and the police.

"Mr. Pennington today thinks he's smarter than you are," Plaster told the jury. "I trust this is not the case."

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com