The 46-year-old had a long history of DUI in Colorado. He has been pulled over for driving under the influence five times since 1990.
Another driver reported that Penning was driving drunk Monday evening when he crashed his car near East 142nd Avenue and Quebec Street in Adams County.
When deputies arrived, they found him outside his car kneeling down. They say he pointed a gun a deputy and he was shot in the chest.
In an unusual decision Wednesday, the Adams County Sheriff and Coroner said it would not release Penning's name to the public at the request of his family.
9NEWS filed official public information requests with the county Thursday. Friday, 9NEWS learned Penning's name through a source, and the coroner the provided official confirmation.