Penny was last seen in her home on V Street NE. She left behind five children ranging in ages from 5-18. Her family is convinced that her disappearance is suspicious--she would never leave her children voluntarily. Penny's fiance, Harold "Devine" Austin, called the police to report her missing and filed the report. Fye had been dating Austin since the sumer of 2005. Within a month, he had moved into her home. Penny's family claims that Devine has said that Penny left the home after the argument and even phoned him a few times, but never returned home. Police said that Devine claims that before when they had arguments Penny would leave, but always returned within a few days. On Thursday, June 23, 2005, Austin was indicted on first-degree murder while armed, firearms and first-degree fraud charges for the murder of Marion Fye on November 28, 2003.
