Michael Wayne Pennington Jr. sentenced to life in prison plus 115 years for murder of Tazewell County woman

Aug. 4—TAZEWELL, Va. — After listening to members of his victim's family speak about the pain and sorrow he has inflicted, a man convicted of murdering a Bluefield, Va. woman in 2017 repeatedly argued Thursday that he was innocent before being sentenced to life plus 115 years in prison.

A jury found Michael Wayne Pennington Jr., 46, guilty May 3 of first-degree murder in the death of Kaitlyn "Katiee" Ann Toler of Bluefield, Va. Toler's body was found on April 6, 2017 along Mountain Lane in Bluefield, Va.

He was also found guilty of concealing a dead body; grand larceny; grand larceny with intent to sell or distribute; credit card theft; credit card fraud; and receiving goods from credit card fraud.

During Pennington's second trial — the first had ended in a mistrial — Dr. Amy Tharp, assistant chief medical examiner for the Commonwealth, Roanoke office, testified that the cause of death was ligature strangulation. Commonwealth's Attorney Chris Plaster told the jury that Pennington, who was addicted to drugs, had been stealing items including credit cards and a laptop computer from Kaitlyn Toler and her mother.

Pennington was brought before Circuit Court Judge Richard Patterson for sentencing. Before proceeding with the hearing, the judge denied defense motions to set aside the jury's verdict and that the Commonwealth had presented insufficient evidence to convict Pennington.

Members of Kaitlyn Toler's family addressed the court and described the impact that her murder has had on their lives. The first person to speak was her mother, Mary Toler. Kaitlyn Toler had lived with her mother and Pennington.

Mary Toler took the stand Thursday and testified at Pennington's sentencing.

"Kaitlyn was my only child, my best friend and the love of my life. I got to spend 21 years with Kaitlyn, but her son got one year," she told the court. "He will only ever know his mommy through a picture book. He has no memory of how much she loved him and was trying her best to give him the best life she could. This tragedy has controlled my life for a very long time and the pain will last forever. I feel he should spend the rest of his life in prison for this horrible crime and what he has done to me and my family."

Kaitlyn Toler's uncle, Justin Toler, said he was close to his niece while they were growing up. While addressing the court, he said that he could not bring himself to say Pennington's name aloud.

"No matter the sentence, it's not going to bring Kaitlyn back, and that's a hard pill to swallow," he told Judge Patterson.

Jennifer Goforth, who was Kaitlyn Toler's aunt, said she was more of a sister than a niece. When Kaitlyn disappeared, the family came together and "became detectives" while reaching out to other family members and friends to find any clues of her whereabouts. Pennington was with them.

"All the while he was there by our side," Goforth recalled. "He would tell us not to worry and that she would be fine and she would be back."

Goforth detailed Pennington's behavior during the search, stating that he was only interested in donations the family could get and helping himself to donated food.

"I miss Kaitlyn every day and struggle with the fear and pain she must have felt," Goforth said, adding that she hoped Pennington spent the rest of his life in prison.

Kaitlyn Toler's grandmother, who is also named Mary Toler, said her family had been waiting for more than six years to see justice for her.

"I pray he is not given another chance to inflict bodily harm," the grandmother told the court.

Pennington took the stand and testified that while he understood the grief exhibited by the Toler family and that he was sorry that this had happened to them and that the Toler family deserves to know what happened to Kaitlyn, but he denied that he killed her or committed any of the other offenses. He also stated that this crime was a "callous, needless act" and "a cowardly act."

Sometimes turning in his seat to face the Toler family, Pennington denied killing Kaitlyn Toler and said that he planned to appeal his conviction.

"I put my faith in the justice system which is supposed to provide an explanation, yet this time it failed," Pennington said. "If I was guilty of any of these crimes, I would have pled guilty."

Plaster cross-examined Pennington said that the murder "was indeed a callous, needless and cowardly act" and quoted Pennington's statement that the Toler family deserved to know what happened to Kaitlyn. Raising his voice, Plaster told Pennington "if the family deserves to know what happened, this is your chance, for one time in your life be a man, stand up and take responsibility for your own actions, be man for once and tell this family exactly what happened."

Pennington replied that if he was guilty, "I would be a man and say I did this, Chris."

"You'll address me as Mr. Plaster," Plaster informed him.

"Then I won't address you at all," Pennington retorted.

Pennington said while addressing the court that he had "never put his hands on a female in a negative way."

Plaster then countered during his closing argument that Pennington was convicted in West Virginia of two robberies, and that the victims were women. He was arrested on March 23, 2012, soon after an armed robbery at the New Peoples Bank off of Route 52 in Bluewell. He used an Airsoft Gun to threaten a bank teller. He was also charged with robbing a neighboring Cargo station.

Pennington was convicted on Nov. 16, 2012, of second-degree robbery for the bank robbery, Plaster said. On that same date, he convicted on another count of second-degree robbery from holding up the Cargo station.

"When pushed, when he decides that he needs something, or when he's backed into a corner, like a blood thirsty animal, Michael Pennington has proven that he resorts to violence. Period," Plaster said. "He will take what he wants by force, even if that means it costs someone else their life. Even the life of a defenseless 21-year-old woman that he claims he considered the same as his own daughter."

In his final argument to the court, Plaster said that Pennington deserved every single day for each of the charges for which he had been convicted, including life for first-degree murder, adding the Pennington was "a thief, a liar and a murderer."

"There was absolutely no need to harm a single hair on the head of Kaitlyn Toler," Plaster said. "No need to take from her. No need to steal. No need to perpetrate the level of violence that Michael Pennington did against a helpless 21-year-old girl. But, that speaks perfectly to his selfishness, selfishness that he has demonstrated over and over again, only caring about himself. That speaks to the evil in Michael Pennington's heart."

Judge Patterson then proceeded to sentence Pennington to life in prison for first-degree murder and a total of 115 years for the other convictions.

"The court is convinced that the right person who committed this crime is before the court," Patterson said.

The murder investigation was led by Detective-Sergeant Chris McCroskey of the Bluefield, Va Police Department. Plaster was assisted by Chief Deputy Commonwealth's Attorney Brandon Goins and Assistant Commonwealth's Attorney Melanie Menefee. Plaster also thanked the Virginia State Police's Bureau of Criminal Investigation, specifically Special Agents John Santolla and Marcus McClanahan, for "the extremely professional and difficult work that they did on this case."

Pennington was represented by attorney David Kelley.

— Contact Greg Jordan at gjordan@bdtonline.com

Contact Greg Jordan at gjordan@bdtonline.com