Judge warns Ky. couple they could face death penalty

Posted at 11:31 AM, December 9, 2025 and last updated 11:34 AM, December 9, 2025

ELIZABETHTOWN, Ky. (Court TV) — A couple accused of murdering a man by throwing him off their second-story balcony pleaded not guilty in court on Tuesday as a judge warned them about the potential consequences they could face if they’re found guilty.

Shawn and Nancy Durbin

Shawn and Nancy Durbin appeared virtually for their arraignments on Dec. 9, 2025. (Court TV)

Shawn and Nancy Durbin are both charged with murder in the death of Bobby Pennington, who died after he was found on the street outside the Durbins’ apartment with severe blunt force trauma to his face. A witness at the scene allegedly told officers that they witnessed the Durbins pull Pennington into the home and then force him over a handrail. Shawn is also charged with two counts of assault and resisting arrest.

The couple appeared separately at their arraignments on Tuesday from the Hardin County Detention Center, where both have been held since their arrest earlier this month on $500,000 bail.

Judge Larry Ashlock warned both defendants that the murder charges carry a potential sentence of life in prison or even the death penalty should they be convicted.

Both Shawn and Nancy asked for a public defender to be appointed to their case; Judge Ashlock said the public defender’s office would need to determine whether any conflict would prevent them from representing both defendants.

Judge Ashlock noted the extensive discovery already made available to the defense in this case: 2,286 pages as well as the grand jury indictment.

Both Nancy and Shawn are due back in court for a pretrial conference on Jan. 20.

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