Former police lieutenant pleads guilty to running over child’s foot, not reporting it

A former Rome police lieutenant pleaded guilty to running over a 3-year-old’s foot at a daycare in 2018 and not reporting the act, in Floyd County Superior Court on Monday.

Richard Penson agreed to a negotiated plea of misdemeanor reckless driving, failure to report an accident with injury and reckless conduct.

As part of that negotiated plea Penson was sentenced to 36 months’ probation under the First Offender’s Act and a $3,000 fine by Floyd County Superior Court Judge Jack Niedrach.

Prosecutors spoke with the child’s mother, who now lives in North Carolina, concerning the details.

“We talked to her about this plea, she’s fine with this plea,” Rome Circuit Assistant District Attorney Geoffrey Fogus told the judge.

As part of the plea, Penson agreed to surrender his Peace Officer Standards and Training certification.

“He will never again be a POST certified officer in the state of Georgia,” Fogus said.

Penson’s attorney Chris Twyman said they felt the plea offer was fair and the evidence was sufficient to warrant the plea. Other felony charges, including violation of his oath of office and cruelty to children, were dropped as part of the deal.

The incident happened while Penson was off duty and driving his 2007 GMC truck through the pickup area of Kid’s Stop on Dean Avenue on Dec. 17, 2018, around 5 p.m.

Witnesses said he tried to squeeze through the driveway while the victim’s mother was loading another child into the car, Fogus said. A witness yelled at Penson, Fogus told the court, but he looked at her and then pulled off.

The child was taken to the hospital and her foot was put in a cast but it was not fractured and there were no lacerations to her foot.

Fogus said Penson texted with an officer who had gone to the hospital to take a report. He asked if there was a report and the officer said no; Penson then directed the officer to call him.

Using his position to influence the investigation, Fogus said, Penson then denied knowing he’d run over the child’s foot.

Two days later the police department received information that Penson was likely involved in the incident. At that point they turned the investigation over to the Georgia State Patrol.

The 27-year veteran of the police force was fired that same month.

A civil lawsuit filed by the victim’s family has already been settled. Penson paid an undisclosed amount of compensation to the family, Fogus told the court.