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SAN DIEGO COUNTY DIGEST

San Diego

June 25, 1987

Jurors in the retrial of accused police killer Sagon Penn asked Wednesday to listen again to testimony from a defense witness who described Penn as defenseless against a pummeling by a racist police officer.

A court reporter spent about two hours reading aloud the testimony of Demetria Shelby, an Encanto resident who was an eyewitness to the confrontation between Penn and San Diego Police Agents Thomas Riggs and Donovan Jacobs.

It was Shelby who testified that Jacobs told Penn: "You think you're bad, nigger. I'm going to beat your ass."

Defense attorney Milton J. Silverman argued that Penn, a black, was the victim of a racist attack by Jacobs, and that he fired at the two officers--killing Riggs--in self-defense.

Penn, 25, faces five felony counts in the March 31, 1985, shooting death of Riggs and the wounding of Jacobs and civilian ride-along Sarah Pina-Ruiz.

The jury is scheduled to begin its 12th day of deliberations today in San Diego County Superior Court.

Last week, jurors had requested to hear again Jacobs' five days of testimony. But once they saw the amount of material involved, they changed their minds.

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