Racial Slurs Told in Police Slaying Case

Witnesses at the preliminary hearing of a black youth accused of killing a San Diego policeman testified Wednesday that a second officer, Donovan J. Jacobs, spoke racial epithets to the suspect and started the scuffle that led to the fatal gunfire.

One witness to the March 31 shootings, Junius Holmes, testified that he overheard Jacobs tell suspect Sagon Penn: “You think you’re bad, don’t you boy? We’re gonna beat your black ass.”

Penn is accused of killing Officer Thomas E. Riggs and wounding Jacobs and a civilian observer who was riding in Riggs’ patrol car.

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 stopped by Jacobs, Penn struck Jacobs first, prompting the fight that ended when Penn allegedly grabbed Jacobs’ .38-caliber handgun and began firing.

Dodged Most Blows

Witnesses--all called by the prosecution--said that Jacobs and Riggs, both white, swung at 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 (the officers) 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 murders of Jacobs and Sarah Pina-Ruiz, a 33-year-old mother of two who was riding with Riggs to experience police activities firsthand. The preliminary hearing in Municipal Court will determine whether Penn should stand trial in Superior Court.

Jacobs, who remains hospitalized, has declined any public comment about the shootings and is not expected to take the stand during the preliminary hearing.

8 Rode in Truck

Holmes told the court Wednesday that he was among eight people riding in Penn’s pick-up truck. The group was returning from a Sunday outing in Balboa Park when Jacobs ordered the truck to stop in a predominantly black neighborhood. Riggs and Pina-Ruiz were in another patrol car close behind.

As the truck stopped, Jacobs 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.

Jacobs, according to Holmes, responded, “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 in frustration and walked away, Holmes said.

Jacobs approached Penn from behind and attempted to grab his left arm. Penn pulled his arm back, which prompted Jacobs to pull out his baton and “start swinging it” directly at Penn, Holmes said. Penn began backing up, blocking blows while saying, “Don’t do it,” Holmes testified.

Riggs Joined Fight

Riggs then removed his baton from his equipment belt 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, Holmes said, Jacobs began punching Penn in the face while Riggs used his baton to swat at Penn’s right arm. Penn’s other arm was pinned under Jacob’s knee.

Eventually, according to witnesses, Penn was able to remove Jacob’s holstered revolver and shot Jacobs in the neck. He then shot Riggs twice in the torso before moving to Riggs’ patrol car, where he fired two bullets into Pina-Ruiz, who is recovering.