The cops lied, Kian delos Santos killed helpless

GUILTY. MJ1 Jeremias Pereda, M1 Jerwin Cruz and M3 Arnel Oares (L-R) are guilty of murdering Kian delos Santos. Leanne Jazul / Rappler photo file

MANILA, Philippines – Local police in the city of Caloocan murdered a defenseless 17-year-old boy who they accused of being drug-related, before lying about the circumstances of the boy's death, revealed a verdict handed down by a lower court.

Police Officer III (M3) Arnel Oares, M1 Jeremias Pereda and M1 Jerwin Cruz were convicted of murder on Thursday, November 29th by the Caloocan Regional Court of First Instance for the murder of Kian delos Santos at course of a great adventure (OTBT)) operation under the banner of the administration against drugs.

This casts a great doubt on the regularity or conduct of the police in the implementation of President Rodrigo Duterte's anti-drug campaign.

Throughout the trial, the three police officers stood at a story, namely that they were in Barangay 160 in the city of Caloocan the evening of August 16, 2017 to conduct an operation that was not specifically aimed at Delos Santos . In the middle of the operation, someone would have fired shots. (READ: CALENDAR: Seeking Justice in Kian delos Santos)

"[Oares] He then asked PO1 Pereda and PO1 Cruz to secure the property and let him chase the gunman. PO1 Cruz, PO1 Pereda, and the asset turned right while [Oares] turned left, "said the court's decision citing police testimony.

But that is not what happened, according to at least three eyewitnesses, including two minors, who said the police had arrived on a motorcycle and immediately went to Delos Santos' home. A 14-year-old witness said the police had kicked Delos Santos' portal, causing the victim's sister to flee.

The young witness did not find Delos Santos there, said the police had pursued with the asset. It was then that they met Delos Santos, whom they immediately hit.

Another witness saw the police take Delos Santos to a pigsty where she heard the boy imploring, "Huwag po, sir (Please do not, sir). "

The witnesses then heard gunshots.

CONDEMNED. M1 Jeremias Pereda (forward in yellow) and M1 Jerwin Cruz (back in yellow) are convicted of murdering Kian delos Santos, 17 years old. Photo of Jire Carreon / Rappler

He was helpless

In the version of Oares, it is Delos Santos who shot for the first time. He allegedly chased the boy who was "about 10 meters in front of him and fired back with two firearms with his firearm".

"He again fired 4 more shots from a distance of about 5 to 6 meters from the shooter or a total of 6 shots," said the court, citing Oares.

Forensic evidence refutes this claim, while police ballistic tests showed that Delos Santos was shot at a distance of 60 centimeters or the equivalent of two rulers.

The court also relied on the National Bureau of Investigation's (NBI) ballistics report that two people shot Delos Santos.

"The version of the accused Oares must necessarily fail in light of the evidence," said Judge Rodolfo Azucena Jr.

The court said that the positive identification of cops by witnesses "without any demonstration of bad motive" outweighs the naked denial.

The court also ruled that Delos Santos was helpless, giving him proof that he was already kneeling, covering his head and asking the police not to shoot.

"Pereda and Oares fired at Kian while Cruz, another police officer, stood guard without any provocation from Kian, thus preventing him from retaliating," the court said.

Was Kian really taken with drugs?

Police have accused Delos Santos of being a drug dealer, although they last year told a Senate investigative panel that they had "confirmed" the cases. alleged links of the latter with social media after killing him.

Delos Santos was found dead with a rifle in his hand and shabu bags.

Have they been planted? The court said the prosecution had not been able to sufficiently prove that it was so, by relieving the police of any charges of implanting firearms and drug.

The 14-year-old witness said she saw the police order Delos Santos to sit down and "keep something wrapped in a towel". The other witness testified that her husband told her that he saw Oares place a firearm in the hand of Delos Santos.

The court ruled that these testimonies were hearsay.

"No other evidence, namely that a testimony or documentary was presented by the prosecution to establish the fact that the accused planted the firearm and prohibited the 39; use of prohibited drugs, "said the court.

The head of the Attorney General's Office, Persida Acosta, who supports President Rodrigo Duterte's anti-drug campaign, said the case of Delos Santos should prompt the police to scrupulously respect their operations manual. "pero kung nanlaban, may depend on sila his husgado (but if the person retaliates, she has a defense in court). "

The judge did not directly address the question of whether the transaction was or was not valid or legal. (WATCH: video surveillance footage of Kian delos Santos dragged by Caloocan police)

But he said: "The use of unnecessary force or gratuitous violence is not justified when the performance of one's duty as a law enforcement agency can be carried out otherwise." A filming first , a thoughtful attitude can never be tolerated in a civilized society. "

Azucena also reminded the police: "The homicide or murder was never attributed to law enforcement, the public peace is never based on the cost of human life."

– Rappler.com