Dumpit appeals decision-A A +A
Thursday, August 21, 2014
SPO1 Adonis Dumpit wants to be acquitted of any criminal liability in the death of robbery suspect Ronron Go in 2004, saying he shot the latter in self-defense.
This was the gist of the motion filed by his lawyer Benjamin Militar yesterday afternoon, in a bid to persuade Regional Trial Court (RTC) Branch 6 Judge Ester Veloso to reverse her decision finding the police officer guilty of homicide.
“(He) is entitled to be acquitted of any crime, because based on his uncontested testimony, he fired at the victim...first inadvertently as a matter of self defense,” the motion read. “Not knowing that Go was already hit, and in the performance of his duty as a police officer, he fired a second shot to stop (Go) from escaping.”
Last Aug. 5, Veloso sentenced Dumpit to six to nine years and four months in jail for committing homicide and not murder, which was the original charge. She also ordered Dumpit to pay P50,000 to Go’s family.
Veloso, in an earlier report, found no evidence to support Dumpit’s claim that he killed Go in self-defense, saying the victim “merely ran away” when Dumpit accosted him.
“The paraffin test conducted on (Go) was negative for the presence of nitrates, indicating that he had not recently fired a gun...There is no evidence to support the defense theory of a shootout as there were even no slugs recovered from the scene of the incident. Shooting (Go) twice in the back to disable him was therefore excessive,” said Veloso in her decision.
In the motion for reconsideration, Militar said Dumpit did not testify during trial that Go opened fire at the policeman.
Go’s alleged companion Junjun Bador was the first to shoot at Dumpit, who then retaliated.
Dumpit saw Go and Bador pulling out guns. He identified himself as a police officer and warned the two not to run.
Bador, who was three steps behind Go, fired twice at Dumpit, who then dropped to ground and drew his gun.
“I fired a shot without any direction to let them know that I was able to make a return shot,” said Dumpit during trial.
The first shot by Dumpit, the motion read, was not a “deliberate one” aimed at Go but
to “fend off an aggression” against him.
Dumpit slowly followed Go and Bador, who were running. He later saw Go running with his gun pointing behind him.
This time, Dumpit fired his second shot and Go fell down.
“While this rule of engagement is the general rule, it is not operative or practicable in all instances. In the experience of (Dumpit), it is possible to neutralize felons in a shooting encounter. As he recounted, of 17 actual shooting engagements with armed criminals, 10 were successfully neutralized and sent to the hospital; the rest, seven of them, died,” the motion read.
Published in the Sun.Star Cebu newspaper on August 21, 2014.