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Defense Attorney’s Request : Penn Case Judge to Study Officers’ Files

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Times Staff Writer

A Superior Court judge said that on Monday he will study the personnel files of two San Diego police officers for possible complaints against them and decide what, if anything, to turn over to an attorney representing a man accused of killing one of the officers and wounding the other.

Judge Raul Rosado said he will decide if defense attorney Robert Slatten is entitled to any reports contained in them. Slatten represents Sagon Penn, 23, accused of wounding Officer Donovan Jacobs, fatally shooting Officer Thomas E. Riggs and wounding Sarah Pina-Ruiz, a civilian riding in Riggs’ patrol car.

Slatten asked for items in the files that related to the “reputations and credibility” of Jacobs and Riggs. Rosado narrowed the scope of Slatten’s request and said earlier this week that he will study the files for complaints dealing with excessive force and racial bias. If the files contain such complaints, Rosado said, he will decide if they should be turned over to Slatten to prepare for Penn’s defense.

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Penn’s half-brother, Sean Arkwar, testified at a preliminary hearing in May that Jacobs called Penn a “nigger” and said he heard Riggs call his brother a “black bastard” while the two officers were attempting to handcuff and arrest Penn.

The incident occurred March 31 in Southeast San Diego, when Jacobs, purportedly searching for an armed gang member, stopped Penn’s pickup truck. Some witnesses testified that Jacobs asked to see Penn’s driver’s license and Penn refused to remove the license from his wallet and walked away.

Witnesses said that Jacobs grabbed Penn’s arm but Penn pulled away. A scuffle ensued and Jacobs straddled Penn, who was on his back, witnesses said. Riggs arrived moments before the fight began and hit Penn in the ribs with a baton while Jacobs hit him in the face with his fists, witnesses said.

Penn managed to take Jacob’s .38-caliber revolver from its holster and wounded Jacobs in the neck, witnesses said. Penn then allegedly fatally shot Riggs and fired two shots through a window at the unarmed Pina-Ruiz, who was sitting in Riggs’ patrol car.

Penn fled the scene in Jacobs’ patrol car, allegedly running over the wounded officer, and went to his grandfather’s house on 40th Street. His grandfather, Yusuf Abdullah, persuaded Penn to turn himself in and drove him to the police station in his car.

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