Woman Hurt in Shooting Settles With Penn, City on Damages

Sarah Pina-Ruiz, the civilian ride-along who was wounded three years ago by Sagon Penn in his deadly encounter with San Diego police, has agreed to a settlement with Penn and the city for her injuries, authorities said Tuesday.

Chief Deputy City Atty. Gene Gordon said that the city has agreed to pay Pina-Ruiz $11,638 to cover her medical expenses. The city accepted no liability in agreeing to the settlement, Gordon said, but acted out of an “obligation” to the woman.

Pina-Ruiz, 36, also agreed to an out-of-court settlement with Penn, but attorneys agreed to keep the terms of that agreement sealed, said Gordon, who would only say that Penn will “pay substantially more” than the city to the woman.

How Penn will pay the settlement remains a question. In December, 1987, county officials said Penn was indigent and unable to repay any of the $417,894 spent by the county for his defense in two lengthy trials. Penn’s total assets were listed at $9 at the time and county officials said he was unable to find work because of fears for his life.

Cleared of Murder, Serious Charges

Penn was cleared of murder and the other most serious charges in the two trials. He was charged with killing police Agent Thomas Riggs and wounding Agent Donovan Jacobs and Pina-Ruiz with Jacobs’ service revolver. Witnesses and the defense said that a routine stop by Jacobs erupted into violence when Jacobs beat Penn and shouted racial slurs at him.

Daniel White, who represented Penn in the settlement talks, did not return telephone calls. A source familiar with the case told The Times that the settlement will be paid by a homeowner’s insurance policy owned by Penn’s grandfather, Yusuf Abdullah. Penn was living with Abdullah at the time of the March 31, 1985, shootings.

Pina-Ruiz signed a waiver of liability before riding with Riggs as a civilian observer. However, Gordon said that there were questions about the “effectiveness” of the waiver.

“If the case had proceeded to trial we would have argued that she had waived any rights to secure damages. . . . But the question would be raised whether the waiver of liability was really an effective waiver. Negligence by the city could have contributed to her injuries,” Gordon said.

“There was a contention made that the city was negligent for not providing protection and the conduct of the officers contributed to her injuries. We felt there was a possibility of liability . . . There was some obligation on the city’s part to help pay for her expenses,” Gordon said.

During the fight with Jacobs and Riggs, Penn managed to grab Jacobs’ service revolver and shot the two officers. He then fired through the window of Riggs’ patrol car, where Pina-Ruiz was sitting in the passenger seat, wounding her. Penn thought Pina-Ruiz was another police officer when he fired the shots, Penn’s attorney argued during the two trials.

Pina-Ruiz sued the city, alleging that Riggs violated departmental rules by putting her in a dangerous situation. She also alleged that Jacobs’ actions during the unsuccessful arrest led to Penn’s violent reaction.

Attorney Bradley Hallen, who represented Pina-Ruiz in the settlement talks, did not return telephone calls. Pina-Ruiz could not be reached for comment.