Prosecutors want probation revoked for a 20-year-old who admitted being part of the “Gilbert Goons” because he was arrested on suspicion of underage drinking the same day he was sentenced for an assault outside the Gilbert In-N-Out Burger, according to court records and police.

Jacob Pennington, who pleaded guilty to aggravated assault in April, was sentenced June 13 to three years’ probation for his involvement in the group attack at the fast-food restaurant on Dec. 2, 2022. As part of his probation, he agreed he would obey all criminal laws and would not consume or possess alcohol, according to the Maricopa County Attorney’s Office.

Later that day, he was arrested after a car he was riding in was pulled over near Lindsay and Elliot roads shortly before 11 p.m. and “evidence was observed which indicated Pennington had consumed an alcoholic beverage,” police said.

Pennington was booked and held until his initial appearance in Gilbert Municipal Court the next day.

Police notified the Maricopa County Attorney’s Office, which filed a motion to revoke Pennington’s probation on Monday. In addition to probation, Pennington was sentenced to 30 days’ deferred jail time, which essentially acts as an incentive to follow probation terms. If a defendant complies with their probation terms, they are likely to avoid deferred jail time.

The June 13 sentencing was Pennington’s second in days. On June 10, he was sentenced in Pinal County to three years’ probation for participating in a Nov. 18, 2023, beating of a 16-year-old boy near San Tan Mountain Regional Park in an area known as Wagon Wheel. His sentence in Pinal County came with the possibility of 120 days in jail if probation were violated. As in Maricopa County, Pennington pleaded guilty to aggravated assault in April.

“If you’re not successful on probation, if you don’t follow the terms of the probation, then you will be going to jail,” Pinal County Superior Court Judge Danielle Harris said during Pennington’s June 10 sentencing.

Harris told Pennington his probation terms required him to follow the law and that he could not associate with anyone violating the law. The terms required Pennington not to possess or consume alcohol, she said.

“The parties have informed me that Mr. Pennington has made a change,” Harris said. “My understanding from his counsel is that he has started making better choices for himself and better decisions.”

The Pinal County Attorney’s Office is monitoring the situation, said spokesperson Mike Pelton. “There are several factors at play in this instance,” he said, given that Pennington has cases in Maricopa and Pinal counties.

A December 2023 investigation by The Arizona Republic tied the Gilbert Goons to at least seven 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 co-defendants in the In-N-Out case, William Owen Hines, was charged with first-degree murder in the Lord case.

Pennington admitted to his involvement with the Goons, saying the name came from a Snapchat group. Gilbert police have since classified the Goons as a hybrid criminal street gang.

Pennington’s lawyer, Chris Doran, stated in court records that 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.

Reached Wednesday, Pennington declined to comment. Doran said he wanted to speak with Pennington before commenting.

Latest coverage: Police had evidence of ‘Gilbert Goons’ attacks long before Preston Lord killed

Republic reporters Elena Santa Cruz and Christina Avery contributed to this article.

This article originally appeared on Arizona Republic: Prosecutors want probation revoked for ‘Goons’ attacker arrested again