San Diego

Contradicting testimony he gave in the first Sagon Penn trial, a passenger in Penn’s truck who witnessed parts of the shootings that resulted in the death of one policemen and the wounding of another said Monday he did not hear Penn identify a police ride-along as a “witness” before shooting at her.

Junius Holmes, who testified last year in Penn’s first trial, testified Monday as the retrial entered its sixth week.

Holmes told San Diego Superior Court jurors he remembered saying in the first trial that Penn looked at civilian ride-along Sarah Pina-Ruiz and said, “You’re a witness” before firing two shots at her.

But Holmes said Monday that he had gotten mixed up and didn’t actually hear Penn say that.

Holmes said he heard another passenger in Penn’s truck make that statement about Penn, 25, who is charged with manslaughter, attempted murder, attempted manslaughter, and assault with a deadly weapon.

Holmes said someone “asked why he shot the lady and someone said she was a witness.”

“It was all so fast. I remember turning around and running,” said Holmes. “I was nervous and shaking.”

Holmes quoted wounded Police Agent Donovan Jacobs as telling Penn, “I’m going to beat your black ass”--a remark that Jacobs has denied making.

Holmes said he didn’t see Police Agent Thomas Riggs, who was killed, go for his gun after Jacobs was shot in the neck. Holmes was read testimony from the first trial in which he stated that he saw Riggs go for his gun at that moment.

Holmes will return today for cross examination.

The March 31, 1985, incident in Encanto began after Jacobs pulled Penn’s truck over while he was looking for a suspected gang member with a gun.

Penn claims he shot the officers in self-defense after Jacobs beat him with his baton and shouted racial insults at him.

The fight began after Penn turned and walked away from Jacobs after Jacobs asked him to pull out his driver’s license from his wallet.