Elder Penn Called a Danger; Final Bail Decision Delayed

U. S. Magistrate Irma E. Gonzalez on Friday called Thomas Penn a “danger to the community,” but she postponed until next month a final decision on whether the alleged organizer of a crack cocaine distribution ring will be held without bail pending his trial.

Penn, the father of Sagon Penn, is among 15 people named in a federal indictment and a separate complaint describing a Southeast San Diego operation that allegedly made and sold crack cocaine during the past seven months.

The 50-year-old Penn was arrested Jan. 13 outside his Logan Avenue apartment after he allegedly agreed to sell 3 kilograms of “crack” cocaine to undercover agents for $54,000. Inside the apartment, federal Drug Enforcement Administration agents arrested five other suspects who were using equipment to “cook,” or convert, cocaine into crack, according to the indictment.

Penn and 10 others linked to the distribution ring have pleaded not guilty to the charges. Four others indicted in the case--Gwendolyn Womack, 30, and three people whose names are unknown to authorities--have yet to be arrested, Asst. U. S. Atty. Edward Allard III said.

The 13-count indictment, which was unsealed Tuesday, charges various drug offenses related to what Allard described as “a very significant drug operation” directed by Penn, a former custodian and security guard, over a period of seven months or more. Nine of the counts charge the distribution of crack, a cocaine derivative popular because of its low price, within 1,000 feet of a school, Knox Elementary.

A separate criminal complaint charges Penn and five others with conspiring to manufacture and distribute crack.

Penn is the father of Sagon Penn, who was twice acquitted of charges in a 1985 shooting that left one San Diego police officer dead and another officer and a civilian wounded.

In a packed courtroom Friday, Gonzalez conducted bail review hearings for the 11 men who have been in custody at the Metropolitan Correction Center. Six of the defendants, prosecutors said, have long ties to San Diego and do not pose a flight risk or threat to the community. Gonzalez agreed to release those men--plus a seventh who Allard argued should be detained without bail--on personal surety bonds ranging from $50,000 to $350,000.

Prosecutors have described Penn as “the hub” of the distribution ring. While conceding that he is a longtime San Diego resident who does not pose a flight risk, Allard argued Friday that Penn should be held without bail because he poses a danger to the community.

Allard noted that a loaded pistol and ammunition for an automatic weapon were found in Penn’s apartment, and he recounted “threats” of violence Penn made in tape-recorded discussions with an undercover agent. Penn allegedly told the agent he has contacts with street gang members whom he uses to rough people up.

Allard said Penn also told the agent he had beaten up a man named Dinky, believing he was attempting to rob him.

“We had to beat him up and he’s in a coma,” Penn allegedly told the agent. “That’s the best place for him; otherwise, he’d be dead.”

Penn’s attorney, Judy Clarke, argued that her client should be released on bail because of his many years as a San Diegan and his lack of any criminal record. Clarke also said her client “would never be before this court” if not for “the government’s activity in this case.”

“Mr. Penn was led into this by a government agent,” Clarke said. “There is no evidence of dealing other than with the government agent.”

As for the threats of violence, Clarke called those mere “puffing,” or boasting, and said there was no evidence Penn had or would have followed through on them.

Gonzalez, however, appeared unpersuaded. She said he “has the know-how and experience to carry out the threats and puffing.”

But, after announcing her intent to hold Penn without bail, the magistrate agreed to a defense request to listen to tape-recorded conversations in which the threats were allegedly made. That will occur Feb. 2.

Three defendants were ordered held without bail Friday, despite arguments by their defense attorneys that the men would return for court appearances and posed no threat to the citizenry.

In detaining Larry Daniels, who allegedly was the “cooker” at the time of the arrests, Gonzalez noted that he was on probation for cocaine possession when arrested by federal agents. She also noted that a search of his home turned up a fully loaded semi-automatic weapon, and that he had a 1986 conviction for possession of a concealed weapon.

Another man held without bail was Sergio Munoz-Patino, 27, who allegedly brought the 3 kilograms of cocaine to Penn’s apartment from Mexico. When arrested, he was carrying a loaded .22-caliber automatic pistol. Gonzalez determined that Munoz-Patino--an illegal alien--was both a flight risk and a danger to the community.

Because of a “history of violence” and strong evidence suggesting he “made a living selling crack cocaine,” Gonzalez also ordered Chris Lamar Wright, 22, detained without bail.

If convicted of distributing or manufacturing 5 to 49 grams of crack, Penn and the other defendants face a mandatory sentence of 5 to 49 years in prison. If the amount of crack is 50 grams or more, that sentence would be 10 years to life.

Those released on bail were James L. Harris, 55; Clyde Len Spears, 35; Raphyal Crawford, 21; Sammy Tryon, 47; Carlton Smith, 48; Tracy Ray Davis, 28, and Herman Lavendar, 36.