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Shawn Durbin, 39, and Nancy Ann Durbin, 36, are charged with murder in connection with the death of 62-year-old Bobby Pennington

According to a police citation obtained by PEOPLE, a witness saw the pair “physically drag the victim from in front of [an apartment] which belonged to the Durbins, and then throw him over the second-story balcony handrail”

“The fall was approximately 11’6” on a concrete pad below,” per the citation

A Kentucky couple is charged with murder on accusations they threw a man off a second-story balcony.

Shawn Durbin, 39, and Nancy Ann Durbin, 36, are charged with murder in connection with the death of 62-year-old Bobby Pennington.

Initially, the couple was arrested on first-degree assault, but the charges were upgraded to murder after Pennington die

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