Retrial of Suspect in Slaying of San Diego Officer Planned

San Diego County Dist. Atty. Edwin Miller announced Thursday that prosecutors will seek a new trial for Sagon Penn on charges that deadlocked a jury weighing his culpability in the death of one San Diego police officer and the wounding of another officer and a civilian.

The decision means Penn, 24, faces retrial on charges of attempted murder in the shooting of civilian ride-along Sara Pina-Ruiz, voluntary manslaughter in the death of Police Agent Thomas Riggs and attempted voluntary manslaughter in the wounding of Agent Donovan Jacobs.

Penn’s first trial ended with his acquittal June 26 on charges of murder and attempted murder in the shootings in a southeast San Diego driveway on March 31, 1985.

“We’ll be trying the case on lesser charges, and we’ll be trying it with a new and different jury,” Miller said. “That . . . will make a difference.”

Defense attorney Milton Silverman reiterated Thursday his intention to seek a dismissal of all charges based on the failure of police and prosecutors to turn over a Police Academy transcript critical of Jacobs in time for the first trial.

“If they want to go again, I’m ready, willing and able to defend Mr. Penn,” Silverman said.

Miller said he made the decision to continue pressing the case against Penn in consultation with attorneys in his office, including Deputy Dist. Atty. Michael Carpenter, who will again try the case with the assistance of Deputy Dist. Atty. Wayne Mayer.

“Law enforcement has its viewpoint and so does the minority community,” Miller said. “But none of those factors were considered.”