3 mall men face murder raps-A A +A
Thursday, October 3, 2013
THE Office of the Cebu City Prosecutor found evidence to indict three former security personnel of Metro Gaisano Colon for the death of shopper Mario Alfie Ducayag last April 12.
Assistant City Prosecutor Anna Lou Cavada found probable cause to file a murder case against the mall’s former chief security officer Mauricio Doblados Jr., former security camera operator Jeffrey Aquino, and former house detective Melvin Boyles.
“It is clear that by their (guards) seeming different acts, all of the respondents acted in conspiracy in killing the victim,” said Cavada in her resolution released yesterday.
The 23-year-old victim was accused by the store’s security personnel of stealing a pair of slippers.
However, his family insisted Ducayag already paid for the items as indicated in the cashier’s machine.
He went to the store to buy diapers, biscuits and milk for his two children that time.
While he was questioned inside the security office, the victim reportedly collapsed and started frothing in the mouth. He died minutes later.
Dr. Rene Cam, medico-legal officer of the National Bureau of Investigation (NBI)7, in his autopsy report, said Ducayag died from traumatic neck injuries, suggesting foul play was involved in his death.
Last June 6, the NBI 7 filed a murder complaint against Doblados, Aquino and Boyles before the City Prosecutor’s Office.
In the resolution, Prosecutor Cavada agreed with the NBI’s findings that Aquino inflicted the fatal blow on the victim.
“But to my mind, it is not only the person who inflicted the fatal blow that should be made responsible for the death of the victim, but as well as the persons who placed the victim in a situation where he was killed,” said Cavada.
She said Aquino was not authorized to handcuff the victim. Doblados and Boyles did not stop Aquino from doing it.
“They did not restrict Aquino nor helped the victim. Doblados and Boyles were very complacent on the actions of Aquino,” the prosecutor said.
The accused even handcuffed the victim, which limited and restrained his movements and prevented him from putting up a defense, Cavada pointed out.
The prosecutor also said the accused “created and allowed the situation” and “did not prevent the infliction of blows” that led to the victim’s death.
Apart from a criminal complaint, the Ducayag’s family also lodged a P14.5 million damage suit against Vicsal Development Corp., the operator of Metro Gaisano, and its three former former security personnel.
“The gross negligence of defendants was the efficient and proximate cause of plaintiff’s suffering,” read the complaint prepared by their lawyer Wendell Quiban.
The lawsuit is pending before Judge Generosa Labra of the Regional Trial Court Branch 23.
Published in the Sun.Star Cebu newspaper on October 03, 2013.