Officer Started Fight That Led to Killing, Witnesses Tell Hearing

Witnesses testified Wednesday that San Diego policeman Donovan J. Jacobs started a scuffle with Sagon Penn, beating him with his fists and his baton before Penn wrested Jacobs’ revolver from him, wounded Jacobs, wounded a civilian observer and killed patrolman Thomas E. Riggs.

One witness to the March 31 shootings, Junius Holmes, testified that he heard Jacobs remark to Penn as the two scuffled just before the shooting, “You think you’re bad, don’t you, boy? We’re gonna beat your black ass.”

Holmes’ observations and those of two others who testified Wednesday contrasted with earlier statements from police investigators. They have maintained that after the truck Penn was driving was ordered by Jacobs to stop, Penn struck Jacobs first, prompting the fight in Southeast San Diego that ended when Penn allegedly grabbed Jacobs’ .38-caliber handgun and began firing.

Witnesses said both Jacobs and Riggs hit Penn, 23, repeatedly with their batons as Penn, a karate expert, dodged most of the blows while pleading with the officers to stop.

“I didn’t count how many times (they) hit him; I just knew it was wrong,” said witness Kaye Specks, who lives across the street from where the shootings occurred.

Penn has been charged with Riggs’ murder and with the attempted murder of Jacobs and Sarah Pina-Ruiz, a 33-year-old mother of two who was riding with Riggs to experience police activities first-hand. The current preliminary hearing in Municipal Court will determine whether Penn should stand trial in Superior Court for murder and attempted murder. He has pleaded innocent to the charges.

Jacobs, who remains hospitalized, has declined any public comment about the shootings. Neither Jacobs nor Penn is expected to take the stand during the preliminary hearing.

Holmes told the court Wednesday that he was among eight people riding in Penn’s pickup truck. The group was returning from a Sunday outing in Balboa Park when Jacobs, apparently looking for an armed gang member, ordered the truck to stop in the 6500 block of Brooklyn Avenue. Riggs and Pina-Ruiz were in another patrol car close behind.

As the truck stopped, Jacobs also stopped and approached the truck on foot. Penn and the others in the truck stepped out as well, Holmes said. Jacobs approached Penn and asked to see his driver’s license. Penn then produced his wallet from a back pants pocket, opened the wallet and showed Jacobs the license, Holmes said.

Jacobs, according to Holmes, responded sarcastically, “I don’t want to see your wallet, I want to see your license.” Exasperated, Penn put his wallet back in his pocket, threw up his hands and walked away, Holmes said.

As Penn was walking, Holmes said, Jacobs approached from behind and attempted to grab his left arm. Penn jerked the arm from Jacobs’ grasp, which prompted Jacobs to pull out his baton and “start swinging it” directly at Penn, Holmes said. As Penn backed up, blocking blows, he implored Jacobs, “Don’t do it,” Holmes testified.

Riggs, who had been standing near Holmes and the others, then removed his baton from his equipment belt, told the others to stand back, and moved to assist Jacobs.

Holmes’ observations were corroborated by testimony from Doria R. Jones and Ricky R. Clipper, both of whom were in the truck with Holmes.

At one point during the scuffle, Jacobs either slipped or was pushed to the ground by Penn, witnesses said. He regained his feet, began to wrestle with Penn. Eventually, they both fell, this time with Jacobs straddling Penn, who lay on his back, the witnesses said.

It was while he was sitting atop Penn that Jacobs made the remark about beating Jacob’s “black ass,” according to Holmes. Holmes said that Jacobs began punching Penn in the face while Riggs used his baton to swing at Penn’s free right arm. Penn’s other arm was pinned under Jacob’s knee.

Witnesses said the officers ordered Penn to cooperate and roll over on his stomach so that he could be handcuffed. However, Penn was unable to comply with the order because Jacobs continued to sit on his stomach, according to testimony.

Oscar J. Julien, who lives near the scene, said it appeared to him that one officer was beating Penn about the head and shoulders with a “billy club” or baton while the other officer sat on the prone Penn.

“People around started yelling, ‘Why are they doing this? Why don’t they just handcuff him?’ ” Julien testified.

Like Julien, Specks was watching from her house. She said she was on her way across the street to demand that the officers stop hitting Penn when she heard gunshots. She ducked and retreated, returning to her home.

Clipper testified that during the scuffle, those from the truck implored Jacobs and Riggs to leave Penn alone. Clipper said he then went to a nearby house to call the Police Department about what he considered the brutal treatment of Penn. Hearing gunshots while inside, he assumed that the officers had fired at Penn, he said.

According to Holmes, who said he was standing a foot away, Penn was underneath Jacobs when Penn removed Jacob’s holstered revolver and pointed it at the officer’s neck. It was when Penn’s upper arm was kicked by Riggs that Penn shot Jacobs in the neck, Holmes said.

Penn, other witnesses have said, then shot Riggs twice in the torso before moving to Riggs’ patrol car, where he fired two bullets into Pina-Ruiz, who since then has nearly recovered from the superficial wounds she received.

Doria Jones testified Wednesday that she saw no one come outside to help the officers after they had been shot.

Jones, after stepping from Penn’s truck, had walked across the street to a friend’s house and was inside when she heard the gunshots. She said that after the shooting, she saw the two officers on the ground but took no action.

“I stayed there inside and started watching TV,” Jones told the court.

Penn fled in Jacobs’ patrol car, running over Jacobs’ arm, the prosecution has alleged. Penn voluntarily surrendered himself that night to front desk officer Raymond B. Beattie at police headquarters in downtown San Diego.

The day after Penn surrendered, he was given a thorough medical examination by Dr. Barbara L. Groves, an emergency medicine specialist at Physicians and Surgeons Hospital. She testified Wednesday that while Penn had numerous small abrasions and welts, it did not appear to her that he had been the victim of a beating.

All the witnesses who have testified so far in Penn’s preliminary hearing have been called by the prosecution. Testimony is expected to resume this morning.