Officers Beat Penn, Eyewitnesses Claim : But Police Probing Officer Riggs’ Death Tell a Much Different Story of the Melee

Three Encanto residents who say they saw Sagon Penn shoot two San Diego police officers and a civilian ride-along Sunday said the two officers struck Penn with both their fists and their night sticks before the shooting started.

Police Officer Thomas E. Riggs died in the melee. Officer Donovan J. Jacobs was shot in the neck, and Sara Pina-Ruiz, who was riding along in one of the officer’s cars, wound up with bullet wounds in her chest, abdomen and arm.

Penn, 23, used one of the officer’s cars to leave the scene and drive to his grandfather’s house. He surrendered to police downtown less than an hour later.

Police say they have not yet determined why Jacobs approached the pickup truck driven by Penn and asked for his identification.

The Times on Wednesday interviewed three Encanto residents who said they witnessed the shooting. The man, woman and their 14-year-old son live near the site of the shooting and asked not to be identified. The boy said he was less than 10 feet from Penn when the shots were fired. Here is their account of what happened Sunday night:

Penn drove a pickup truck carrying about eight other men east on Brooklyn Avenue, then pulled into a dirt driveway about 50 yards long.

The first officer (Jacobs) turned on his car’s flashing lights, drove the car into the driveway and stopped a few feet behind the truck. The second officer (Riggs) stopped his car, with Pina-Ruiz inside, a few feet behind the first patrol car.

The two officers walked to the driver’s side of the truck, then Jacobs opened the door and asked Penn to step out. Penn did so.

Jacobs asked to see Penn’s license and Penn opened his wallet and revealed his license, still in the wallet. Jacobs then asked Penn to take the license out of the wallet.

Penn said, “Here, take my whole wallet,” then turned as if to walk away.

Jacobs grabbed Penn by the arm, turned him around and punched Penn in the head.

Penn said, “I didn’t do anything. What did I do?” Riggs then punched Penn in the face and the three men exchanged several blows. Both policemen pulled their night sticks and began beating Penn. Penn knocked the night stick from Jacobs’ grasp and began walking away.

Riggs picked up Jacobs’ night stick. Jacobs grabbed Penn by the shirt and both fell to the ground, the officer on top.

Penn said, “You got me.” While lying on his back, Penn raised both hands into the air and stopped struggling.

Jacobs, sitting on top of Penn, took out his handcuffs, but then put them back into a pouch and both officers began hitting Penn again. Jacobs struck Penn with his fist while Riggs, still carrying both night sticks, used one night stick to strike Penn and the other night stick to strike at the crowd that had gathered around the fight.

All three witnesses said they noticed Penn’s whole body begin to shake. Riggs struck Penn’s outstretched hands with one night stick and yelled, “Get your hands down. Get your hands down.” Jacobs, still sitting on Penn’s stomach, yelled, “Turn over, turn over.”

Penn dropped his hands to Jacobs’ side and pulled out the officer’s revolver. Penn held the gun for several seconds before he shot Jacobs, who was unaware that Penn had the gun. Then, while still lying on his back, Penn also shot Riggs.

Penn got up and began walking away when he noticed Pina-Ruiz in the second patrol car. Penn walked to the car and shot her.

Penn’s younger brother, who was at the scene, told him to leave, but the truck was blocked by the police cars, the witness said. Penn walked to the first police car and, while maneuvering the car from between his truck and the second police car, ran over Jacobs.

A homicide investigator Tuesday offered a description of the confrontation, based on interviews with more than 30 witnesses, that differs from this version in several crucial ways.

“That version does not hold water based on versions of about 35 other witnesses,” Lt. Paul Ybarrondo said.

According to Ybarrondo, witnesses said the two officers followed the truck for more than a block, with red lights flashing, before Penn pulled into the driveway.

The fight began after the officers asked Penn to remove his license from the wallet, but Ybarrondo said Penn landed the first blow after Jacobs caught Penn by an arm as Penn tried to walk away.

“According to those witnesses,” he said, “it (the fight) was really a standoff. They described it as nobody winning, even though there were two officers.”

When the men began fighting, Jacobs did in fact drop his night stick, Ybarrondo said. Riggs picked up the night stick, but tucked it under his arm and continued to use his own night stick to keep the crowd back while Jacobs struggled with Penn on the ground.

Jacobs and Penn wrestled on the ground, then Penn grabbed Jacobs’ gun and shot Jacobs in the neck, Ybarrondo said; Riggs, who was not hitting Penn at all, turned from the crowd when he heard the shots and reached for his own gun. Penn shot him twice, then ran to the patrol car and shot Pina-Ruiz, Ybarrondo said.

Penn then jumped into the other patrol car, turned it around and ran over Jacobs as he left the scene, Ybarrondo said.

“This business of him having the gun for five seconds is not what we were told,” Ybarrondo said.

He said Jacobs, while wrestling with Penn on the ground, tried to use his own weight to press the gun between himself and Penn, but was unsuccessful.

The case has gone to the San Diego County district attorney’s office, and Penn will be arraigned at 2 p.m. today in San Diego Municipal Court.

On Tuesday the nine directors of the San Diego Police Officers Assn. met for nearly six hours to discuss the shooting and police safety.

Association President Ty Reid said afterward that the directors reached a “decision” regarding the shooting. However, he would not discuss any aspect of that decision.

“We discussed the issue at length--the recent shooting and the high mortality rate of San Diego police officers,” Reid said. “We are not prepared to discuss our decision at this time.”

Funeral services for Riggs are scheduled at 11 a.m. today at the First United Methodist Church on Camino del Rio South in Mission Valley.

Mercy Hospital spokesman Norman Green said Jacobs remained in critical but stable condition late Tuesday evening after undergoing two hours of surgery to remove a .38-caliber bullet that had lodged in his neck.

Jacobs remains in surgical intensive care and will probably continue to breathe through a ventilator through Thursday, the spokesman said.

“He’s very alert,” Green said. “There’s no brain damage, no spinal cord damage.” Green said he isn’t sure whether police investigators have attempted to talk with Jacobs. “He hasn’t been in any condition to talk because he’s on the ventilator,” Green said.

Pina-Ruiz is in good condition at Mercy Hospital and is expected to undergo plastic surgery to repair damage to her arm.

Times staff writers Michael A. Fairley, David Freed, Scott Harris and H.G. Reza contributed to this report.