'Gilbert Goons' attacker gets probation for Gilbert In-N-Out assault

A young man who told police he was a member of the "Gilbert Goons" was sentenced to probation Thursday for his role in the beating of a juvenile that occurred at the parking lot of a Gilbert In-N-Out in December 2022.

Jacob Pennington, 20, was sentenced in Maricopa County Superior Court to three years of intensive supervised probation and 30 days of deferred jail time for his involvement in the attack at the restaurant on Dec. 2, 2022.

Deferred jail time essentially acts as an incentive to follow probation terms. If Pennington complies over the next six months, he will likely not have to serve jail time.

Judge Bruce Cohen applied "gang terms" to Pennington's probation, prohibiting him from associating with any known or suspected gang members. The terms also prohibit him from stepping onto any school grounds where he is not a student and require him to submit to search and seizure with or without a warrant. Cohen said in court the decision to apply gang terms was not due to affiliation with the Goons but because it could benefit Pennington.

Pennington's lawyer, Chris Doran, advised him not to make any statements to the court. Outside the courtroom after the hearing, Doran and Pennington declined to speak about the case.

None of the victims in the case were present in court Thursday. Cohen said only one victim wanted to move forward with prosecution, and another abstained out of fear of Pennington's codefendant, Tyler Freeman.

The mother of one of the victims indicated her son suffered no harm from Pennington's actions, according to a victim statement obtained by The Arizona Republic. She stated her son knew about previous attacks in the community and felt he was engaged in a "mutual fight with people who had problems with his friends." She and her son would not have pressed charges, but the Maricopa County Attorney's Office filed them on her son's behalf, according to court records.

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Pennington also pleaded guilty on Monday to aggravated assault for his role in another gang attack on a teen that occurred Nov. 18, 2023, near San Tan Mountain Regional Park in an area known as Wagon Wheel. He was sentenced to three years probation along with 120 days of deferred jail time and "gang terms."

A December 2023 investigation by The Arizona Republic tied the Gilbert Goons to other attacks since 2022, including the fatal beating of 16-year-old Preston Lord during a Halloween party in Queen Creek on Oct. 28, 2023. One of Pennington's codefendants in the In-N-Out case, William Owen Hines, was charged with first-degree murder for Lord's death.

Pennington admitted to his involvement with the Goons, who police have classified the group as a hybrid criminal street gang. However, Doran stated in court records Pennington is not a member of or affiliated with the Goons, and the fight at In-N-Out had nothing to do with the group.

Pennington was out of state at the time of Lord's death, Doran previously said, and was not involved in that attack. On Thursday, Cohen said he was not focused on Lord's case or other cases connected to the Goons and did not find evidence of gang activity in the In-N-Out incident.

This attack, like others, was recorded. Video played in court Thursday shows Pennington beating the victim several times before stepping away out of frame. Cohen said the footage showed Pennington as an "aggressor" in the case and that he did not seem to be acting in self-defense.

Pennington's 30-day jail term was deferred until January. He was not eligible for early termination of probation, but if probation is completed successfully, Pennington could ask for the charge to be reduced to a misdemeanor.

"Your path forward is clear," Cohen said. "But you have to be the one that has the vision and the clarity to understand what that path is."

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This article originally appeared on Arizona Republic: Attacker sentenced to probation for Dec. 2022 Gilbert In-N-Out attack