1 of 3 accused in mall murder appeals-A A +A
Friday, October 4, 2013
ONE of the former security personnel of Metro Gaisano will appeal the resolution indicting him for the death of shopper Mario Alfie Ducayag five months ago.
Former security camera operator Jeffrey Aquino, through his lawyer Salvador Solima, will file a motion to convince the Cebu City Prosecutor’s Office to reconsider its decision to charge him with murder case.
He is also charged along with former chief security officer Mauricio Doblados Jr. and former house detective Melvin Boyles. The obstruction of justice complaint against Doblados was dismissed because he is already named in the murder complaint.
The security personnel accused Ducayag of stealing a pair of slippers last April 12.
The victim went to the store to buy diapers, biscuits and milk for his two children that time.
“I believe my client did not commit murder,” said Solima.
He said they will file a petition before the Department of Justice if their motion will not be granted by the City Prosecutor’s Office.
Other respondents are given 15 days to file their motion for reconsideration, before the information of the case will be filed in court.
In her resolution, Assistant City Prosecutor Anna Lou Fernandez-Cavada agreed with the National Bureau of Investigation’s findings that Aquino inflicted the fatal blow on the victim.
But she said Aquino should not only be the one 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.”
Boyles was allegedly instructed by Doblados to bring Ducayag inside the security room.
Aquino handcuffed the victim. Doblados and Boyles did not stop him from doing it.
While he was questioned inside the security office, Ducayag reportedly collapsed and started frothing in the mouth. He died minutes later.
Dr. Rene Cam, NBI 7 medico-legal officer, 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.
Ducayag’s sister, Marie Shantylle, and mother, Fe Soledad, told reporters that they are glad that their prayers were heard.
NBI 7 Director Antonio Pagatpat said they are confident of their evidence against the former security personnel.
“(I) am so happy the prosecutor appreciated it well,” he said.
Supervising agent Bernard dela Cruz, the investigator assigned by Pagatpat on the case, was also glad about the resolution.
Published in the Sun.Star Cebu newspaper on October 04, 2013.