(Eagle News) – The National Bureau of Investigation filed on Thursday (August 31) murder and other criminal raps against policemen involved in the death of 17-year old Kian delos Santos, citing evidence that the Grade 11 student was “killed without mercy” and shot in the head twice while he was crouched in a fetal position.
The NBI also found out that the Caloocan City cops who killed Kian had no intention of bringing the teenager to their police station, and just killed him while he crouched on the floor defenseless, and later planted evidence against him.
Because of this, the NBI filed before the Department of Justice a complaint for murder, violation of Domicile under Article 128 of the Revised Penal Code and Section 29 of the Comprehensive Dangerous Drugs Act or planting of evidence against the three policemen involved in the August 16 killing of Kian, as well as their station commander, and their alleged informant.
Charged were of PO3 Arnel Oares, PO1 Jeremias Pereda and PO1 Jerwin Cruz and their station commander Chief Inspector Amor Cerillo who was found to be in the area where the killing occurred in a dark alley in a Caloocan village.
“From the collective acts of herein police officers prior, during, and after the incident, it is very evident that they have one single purpose, that is to kill (the) victim,” stated the complaint filed by the NBI.
The NBI also heard the account of a witness who claimed that the police informant, a certain alias “Nono” was only allegedly arrested the following day to allegedly cover up for the “crime these police officers have committed.”
The NBI also found out that the policemen who dragged Kian violated all protocols regarding making an arrest.
“Police protocol mandates that any police officer making an arrest should immediately search the arrested individual for any dangerous weapons or prohibited items and afterwards bring the arrested individual at the police station for proper filing of the case,” the NBI said.
“In the case at bar, PO3 Arnel Oares and his cohorts accosted victim and afterwards dragged him towards Tullahan River and shot him without mercy,” the NBI report said.
“From the area where they accosted the victim, the crime scene was in an opposite direction from the police station which only proves that they have no intention in bringing the victim to their police office,” it added.
PO3 Oares’ gun used to kill Kian
The NBI’s probe also showed that it was PO3 Oares’ gun which was used to kill Kian, and that the teenager, contrary to the Caloocan police’s report, did not fight back, nor fire any gun as he had no gun. The teenager did not have any gunpowder burns on both hands.
The ballistic examination done by the Philippine National Police Crime Laboratory found out that PO3 Oares’ gun, a 9 mm pistol, yielded positive for gunpowder residue. It also showed that a 9 mm bullet found in the crime scene had the same characteristic as that of a bullet fired from Oares’ gun.
The trajectory of the bullet that was used to kill Kian showed he was crouching low and his assailant was in a standing position, when he was killed.
“Given the circumstances, gathered evidence proved that it was PO3 Arnel Oares who shot the victim,” the NBI stated in its complaint.
The NBI also said that both the police and the NBI’s investigation negated the allegations made by the Caloocan police that Kian “fired shots at them upon sensing their arrival so they have no other option than to fire back at victim, hitting him in the head causing his instantaneous death.”
The NBI noted that Kian was only wearing boxer shorts at the time.
Planted evidence
The Caloocan police claimed that Kian had a .45 caliber pistol and two sachets of shabu when they accosted him.
But the NBI’s probe said that these were planted, thus the complaint for planting of evidence against the Caloocan cops.
It added that the policemen did not have any search warrant when they conducted the search on Kian’s house.
A CCTV footage also showed two men dragging a boy, which was later confirmed to be Kian, at the time of the police operation. Two of the policemen involved in the crime admitted they were the ones seen in the footage dragging Kian.
“These police officers went back at the drug store after said warrantless search and when Kian came by, Nono pointed at him and said police officers accosted Kian and searched him. Afterwards, these police officers dragged the victim and shot him near Tullahan River,” the NBI report said.
(Eagle News Service)