2 ex-guards of dep’t store to face murder charges-A A +A
Saturday, February 15, 2014
TWO former security guards of Metro Gaisano Colon will face trial in court for the death of shopper Mario Alfie Ducayag last April 12, 2013.
Cebu City Assistant Prosecutor Gandhi Truya denied the motion for reconsideration of the mall’s former chief security officer Mauricio Doblados Jr. and former security camera operator Jeffrey Aquino.
The government prosecutors dismissed for lack of evidence the murder complaint against Melvin Boyles, the mall’s former house detective, Ducayag’s sister, Marie Shantylle, confirmed yesterday.
Marie Shantylle said she and her mother, Fe Soledad, will go to the Palace of Justice on Monday for the filing of the murder case against Doblados and Aquino.
Shantylle said they will talk to City Prosecutor Nicolas Sellon, the National Bureau of Investigation and their lawyer about their next move.
She insisted that Boyles should have been included in the murder case for not stopping Doblados and Aquino from mauling her brother.
In October 2013, Assistant City Prosecutor Anna Lou Cavada found probable cause to file a murder case against the three former mall security officers.
“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.
The 23-year-old Ducayag 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 NBI 7, in his autopsy report, said Ducayag died from traumatic neck injuries, suggesting foul play was involved.
Last June 6, 2013, 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.
She said Aquino was not authorized to handcuff the victim. Doblados and Boyles did not stop Aquino from doing it.
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.
The three respondents later filed their motions for reconsideration.
Prosecutor Truya affirmed the indictment of Aquino and Doblados but dropped Boyles as a respondent in the case.
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 security personnel.
Published in the Sun.Star Cebu newspaper on February 16, 2014.