Judge acquits ex-cop in homicide charge

Thursday, January 26, 2012

A TRIAL court judge yesterday acquitted a former police officer who was charged for shooting to death a member of an anti-crime group in 2002.

Judge Bienvenido Saniel Jr. found former policeman Levi Ortiz innocent of a homicide charge, after the prosecution failed to prove his guilt beyond reasonable doubt.

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“Apparently, Ortiz was compelled to resort to the extreme means of firing at (victim) Leonardo (Reyes) because his life was in danger,” Saniel, presiding judge of the Regional Trial Court Branch 20, said in his decision.

He merely performed his duty as a law enforcer, the judge said.

Ortiz, a former police officer assigned at the Talisay City Police Office, was charged with homicide for shooting Reyes to death last Feb. 23, 2002. He is now the deputy director of the Philippine Drug Enforcement Agency in Eastern Visayas.

Amok

Reyes, a member of the Philippine Guardians Brotherhood, Inc., was shot by Ortiz after he went wild inside a billiard hall in Barangay Lagtang in Talisay.

Ortiz attempted to calm the slain Guardians Brotherhood member, who was reportedly drunk while brandishing his .45 pistol inside the billiard hall.

The prosecution presented as its lone witness Ricky Piezas, Reyes’ colleague in the Guardians.

In the testimony he made in court, Piezas said he and several others were playing billiards when Reyes approached the table and picked up two billiard balls.

Reyes, who was apparently drunk, arranged the billiard balls on the billiard table and dared anyone to strike the balls. When the victim’s dare was rejected, Reyes reportedly pulled out his gun from his waistband and threatened to shoot anyone for their refusal to strike the balls.

Piezas said he approached Reyes and requested him to keep his gun and go home because he was drunk. But before Reyes could leave the place, Piezas said Ortiz arrived and fired warning shots and shouted,“Police, put down your firearm!” at the victim. 

Danger

Several gunbursts then rang out. Reyes fell down after he was hit in the back and feet. After the shooting, Piezas said, he hid behind the coconut trees nearby for fear of being hit.

Shortly after, Piezas said Ortiz approached him and asked if he owned a gun. He said no.

But Ortiz testified that he shot Reyes for fear that his family and son would be in danger after the victim went wild inside the billiard hall.

Ortiz, who was formerly assigned in the intelligence division of the Cebu Provincial Police Office, said he and his landlord were talking outside the store when Reyes ran amok.

While several people were playing billiards, Ortiz said Reyes stood up and demanded that the players let him play.

When he was ignored, Reyes picked up the mother billiard ball and arranged it on the billiard table. He then challenged other players to strike the billiard balls. He later pulled his gun from his waistband and threatened to shoot anyone who refused to strike the billiard balls he arranged.

The companions of Reyes tried to calm him, but he refused to do so.

Ortiz said he went back to his rented room and took his service rifle, fired warning shots, and introduced himself as a policeman.

Witnesses

After hearing the warning shots, Ortiz said, Reyes turned his back and attempted to fire back at him. But the former policeman was quicker and shot Reyes, for fear that his family, who was sleeping in a nearby room, might be in danger.

Two defense witnesses corroborated the testimony of Ortiz that he merely carried out his duty as a law enforcer.

In the decision, Judge Saniel gave weight to the argument of the defense, saying that Ortiz “acted in the performance of a duty.”

The act of Reyes in brandishing a firearm and pointing it at anyone constituted illegal possession of a firearm, disturbance of public order and grave threats, the judge said.

“Hence, Ortiz, as a (former) police officer, was duty-bound to make an arrest.

Evidently, Ortiz was acting in the performance of a duty,” said Saniel.