Attacker pleads guilty to 'Gilbert Goons' assault in Pinal County, gets 3 years' probation (2024)

A person who told authorities he was a member of the "Gilbert Goons" pleaded guilty to aggravated assault for his role in a November gang attack that was recorded and shared on social media.

Jacob Pennington, 20, was sentenced Monday in Pinal Superior County Superior Court to three years' probation as part of a plea deal that could allow him to avoid prison.

Pennington did not address the court or make any statement about the Nov. 18, 2023, beating of a 16-year-old boy near San Tan Mountain Regional Park in an area known as Wagon Wheel.

Pennington's attorney said his client has remorse "for whatever occurred at that bonfire that night" and accepted responsibility for any pain he caused the victim and his family.

The victim, Brigham Bailey, now 17, told the court the beating was the "most terrifying thing that ever happened to me." He said he believed he was going to die as Pennington hit him, whipped him with his own belt and knocked him to the ground, where others kicked and stomped him. Brigham Bailey and his parents agreed to let The Arizona Republic identify him.

"I did nothing to provoke this attack," Brigham Bailey said, adding that he tried to reason with his attackers. "It was clear Mr. Pennington and his group had no interest or concern with what I was saying. They were out for blood. They had already made up their minds that they were going to jump me."

Like many Goons attacks, the assault was recorded. Video captured Brigham Bailey, of Gilbert, being chased and beaten as he ran from several people using cellphones as flashlights. The attackers, including Pennington, yelled obscenities and the n-word at him. Pennington taunted Brigham Bailey about being a member of "the Bloods," a Los Angeles-based street gang.

The Wagon Wheel assault took place about three weeks after the death of Preston Lord, 16, who was fatally beaten on Oct. 28 at a Halloween party in Queen Creek. A December investigation by The Arizona Republic tied Lord's beating to the Goons, a gang of teenagers whose attacks on other teens went unchecked by authorities for more than a year.

"Thoughts of Preston Lord filled my mind," Brigham Bailey said. "My mind flooded with panic as I scanned the group of roughly 15 people and knew they were all about to attack."

'Fear of retribution was valid and real': Mother of victim speaks in court

Brigham Bailey's mom, Carey Bailey, said in the days after the beating that Pennington and his associates made up a story that her son had hit a girl, and they were somehow protecting her.

"Following the attack, Mr. Pennington conspired with others to craft a story to besmirch our son and justify his own behavior," she said, at one point choking back tears. "It served as a clear indicator that Mr. Pennington was devoid of remorse or any sense that injuring another human being is wrong."

She said Pennington and his associates had a well-known track record of terrorizing and retaliating against victims to prevent them from speaking out.

"Fear of retribution was valid and real," Carey Bailey said.

Pennington's lawyer, Chris Doran, said he submitted a new video to the court shortly before sentencing Monday in which a girl says she was hit in the face during the attack on Brigham Bailey. The girl in the six-second clip can be heard saying, "Dude, he hit me in the (expletive) face" as the beating unfolds.

However, after the court hearing, Doran acknowledged the girl, during interviews with detectives, walked back or "flip-flopped" on the claim about being hit.

Pennington admitted being part of the Gilbert Goons to authorities, saying the name came from a Snapchat group chat. Arizona authorities have since classified the Gilbert Goons as a hybrid criminal street gang.

Doran tried to separate Pennington from the gang, saying he was among 40 young adults who used the chat to discuss weekend and afterschool plans. He said it was not about planning attacks or fights.

Doran said Pennington was not involved in Lord's death and was out of state when the beating occurred.

"We're not here for Preston Lord, not today," he said. "That case will go to court and will either plead out, or there will be a trial and the people involved … will be held accountable."

Pennington scheduled to enter guilty plea in second attack

In January, Pinal County deputies arrested Pennington and Garrett Bagshaw, 18, for the attack on Brigham Bailey. They were charged with aggravated assault. Pennington was given an additional charge of disorderly conduct, which was dismissed as part of the plea agreement.

Bagshaw pleaded guilty in April and was ordered to complete a diversion program.

Pennington was scheduled to plead guilty Thursday in Maricopa County Superior Court for his role in another recorded Goons beating that occurred at the Gilbert In-N-Out in December 2022. He and two others were charged with aggravated assault. Pennington, in court records, was accused of shoving and punching a juvenile victim as others attacked.

One of Pennington's codefendants in the In-N-Out case, Owen Hines, is charged with first-degree murder in Lord's beating. He and six others have pleaded not guilty in the Lord case.

Judge Danielle Harris found Pennington guilty of an "undesignated felony," meaning it could be reduced to a misdemeanor, and his civil rights could be restored upon completion of probation.

Harris applied "gang terms" to Pennington's probation, not because of any affiliation with the Goons, but over the racial epithets he used during the assault on Brigham Bailey, who is white.

"I do believe gang terms are necessary whether or not you have direct ties to any gangs or association with anyone who has ties to gangs," she said, prohibiting Pennington from associating with any known or suspected gang members or anyone else involved in the case.

The judge deferred sending Pennington to jail but held out the possibility of a 120-day sentence.

"What that means for you, Mr. Pennington, is you hold the key on whether or not you will ever have to serve any jail time," she said. "If you are not successful on probation, if you don't follow the terms of your probation, then you will be going to jail."

The Bailey family said after the hearing they were satisfied with the outcome, although they had asked for Pennington to spend 30 days in jail.

Standing next to her son outside the courthouse, Carey Bailey said she shared the community's terror and outrage over assaults perpetrated by the Goons. Months before Lord was killed, parents in the East Valley talked about the Goons and worried for their children's safety; what happened is devastating, she said.

But continued outrage is unsustainable and the community needs to find peace, she said: "We are working to get to a place of forgiveness."

Robert Anglen is an investigative reporter for The Republic. Reach him atrobert.anglen@arizonarepublic.com. Follow him on X@robertanglen.

Elena Santa Cruz is a criminal justice reporter for The Republic. Reach her atelena.santacruz@gannett.com. Follow her on X@ecsantacruz3.