SAGON PENN VERDICTS

Count 1: Murder

The prosecution urged jurors to convict Sagon Penn of first-degree murder in the shooting death of Police Agent Thomas Riggs, who was shot three times. He died from the third bullet, which put a hole in his aorta.

To convict Penn of first-degree murder, the jury was required to find that Riggs’ death was a deliberate, premeditated killing and that Penn acted with malice. Superior Court Judge Ben W. Hamrick described first-degree murder, which carriers a mandatory 25-year-to-life sentence, as a “cold, calculated judgment.” First-degree murder verdict: Not guilty.

Once the jurors rejected first-degree murder, they were instructed to consider a series of lesser charges--second-degree murder, voluntary manslaughter and involuntary manslaughter--until they unanimously agreed on a verdict.

In finding second-degree murder, jurors had to conclude that Penn acted with malice and intended to kill Riggs, but the shooting death was not premeditated or deliberate. Penn would face 15 years to life if convicted of second-degree murder. Second-degree murder verdict: Not guilty.

Manslaughter, which defense attorney Milton J. Silverman described as a “heat of passion” killing, is defined as an unjustified killing without malice. Voluntary manslaughter includes a specific intent to kill, whereas involuntary manslaughter is an unlawful killing without intent or justifiable self-defense. To find self-defense, jurors had to agree that Penn believed he had to kill Riggs in order to save himself from death or serious injury. Manslaughter verdicts: Jury deadlocked, 10-2, in favor of acquittal.

Count 2: Attempted Murder

The prosecution charged Penn with attempted murder for shooting Police Agent Donovan Jacobs once in the neck. To convict Penn of attempted murder, which carries a maximum nine-year sentence, jurors had to find that he acted with malice and intended to kill Jacobs. Attempted murder verdict: Not guilty.

If jurors did not agree on attempted murder, they could have chosen among lesser offenses such as attempted voluntary manslaughter or assault with a deadly weapon, and resisting arrest in the Jacobs shooting. Lesser offenses verdict: Jury deadlocked, 10-2, in favor of acquittal.

Count 3: Attempted Murder

After the shootings, Penn drove Jacobs’ patrol car over the wounded officer as he left the Encanto driveway. The prosecution charged Penn with using the vehicle in an attempt to murder Jacobs. Attempted murder verdict: Not guilty. Attempted voluntary manslaughter verdict: Not guilty.

Earlier, the jury had convicted Penn on a reduced charge of assault with a deadly weapon for driving over Jacobs. In addition to the assault conviction, jurors had decided that Penn intended to seriously injure the officer, a finding that automatically adds three years to Penn’s prison term. However, that conviction, reached on the second day of deliberations, was set aside by Hamrick when juror Vernell Hardy said she had second thoughts.

In rejecting the charges of attempted murder and attempted voluntary manslaughter, the jury concluded that Penn did not have a specific intent to kill Jacobs with the police vehicle. Assault with a deadly weapon verdict: Jury deadlocked, 8-4, in favor of acquittal.

Count 4: Attempted Murder

Penn was accused of a second attempted murder charge for shooting Sarah Pina-Ruiz, a civilian ride-along, through the driver’s side window of Riggs’ patrol car. Verdict: Jury deadlocked, 11-1, in favor of acquittal.

Count 5: Theft

Penn was charged with auto theft for driving Jacobs’ car away from the scene. Penn would be considered guilty if he intended to take Jacobs’ patrol car permanently or temporarily. Verdict: Not guilty.

Count 6: Theft

After Penn shot Pina-Ruiz with Jacobs’ weapon, he took Riggs’ gun from the officer as he lay wounded on the ground. Penn then left with Riggs’ weapon.

To convict Penn of grand theft, jurors had to find that he intended to permanently keep Riggs’ revolver. Verdict: Not guilty.