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Wednesday, December 28, 2005
Instead, superiors seek award for cop who killed suspect
By Jovy S. Taghoy
Sun.Star Staff Reporter


The alleged shootout in Barangay Buhisan last Monday night that killed ex-convict Alemar C. Luna, 39, was a legitimate operation, officials from the Cebu City Police Office said yesterday.

In fact, Supt. Pablo Labra II, chief of the Criminal Investigation and Intelligence Bureau (CIIB), told reporters that PO3 Jerome Java should be awarded for answering a call for help that night.

“He should be awarded. I will recommend to the city director for him (Java) to be awarded for his courageous act,” Labra said.

“It was a legitimate operation. It was Luna who first shot,” Insp. Mario Monilar, chief of the homicide section, said based on the information and witnesses’ statements they gathered at the crime scene.

Unless a twist comes up, Monilar and Labra said they do not see any basis for Java to be investigated for any violation.

“The operation was legitimate. Why would there be an investigation against him?” Labra said.

Java said Luna was with five other armed men who fled once Luna fell.

Engagement

On whether Java violated the rules of engagement in shooting and killing Luna, Monilar said each policeman has to exercise his judgment on when to use his gun, when facing similar circumstances.

Luna, who survived a vigilante-style attack in which he was shot 10 times last July, did not make it alive at the Miller Hospital last Monday.

But since the operation was legitimate, Monilar said Java did not violate the rules of engagement.

The incident reportedly started when several residents in Barangay Buhisan sought Java’s assistance, after Luna threatened them while they were gathered near a chapel for a game of bingo.

Java told Sun.Star Cebu yesterday that since early Monday morning, Luna was already irritable, after the bingo game organizer reportedly refused to give him money to buy beer.

When he returned Monday night and the organizer still refused to give him money, Luna, brandishing a .45 revolver, ordered the game stopped and threatened all the bettors.

Considering Luna’s reputation in the barangay and his criminal records, the residents ran away. Some of them went to Java’s house to seek help.

Back up

Java said that when he arrived in the area and spotted Luna, he immediately called the Mobile Patrol Group for back-up. He also tried sending a text message to his colleagues at the Punta Princesa Police Station.

While Java was still trying to contact his colleagues, Luna allegedly went straight to him, then said, “Good evening, chief,” and fired. He missed.

Java, who managed to duck for safety, fired back using his personal licensed 12-gauge Akkar shotgun.

He said Luna was with at least five other armed men.

Monilar said that while they are still waiting for the result of the evidence submitted to the PNP 7 Crime Laboratory, Java has been temporarily placed under the custody of Supt. Eliseo Castro-nuevo, his immediate superior.

Among the evidence submitted by the Homicide Section for laboratory examination were Java’s shotgun and Luna’s .45 pistol.

Paraffin tests

Monilar has also requested for the crime laboratory to conduct paraffin tests on Java and Luna.

Upon the request of Luna’s family, Dr. Gil Macato, medico-legal officer of the National Bureau of Investigation (NBI) 7, autopsied Luna’s body yesterday afternoon.

A staff from St. Francis Funeral Homes, where Luna’s body was brought for autopsy, told Sun.Star Cebu that the corpse was brought past 4 p.m. yesterday to Buhisan for the vigil.

Luna has been in and out of the city jail since early 1980 up to 2004 for several cases — murder, frustrated murder, homicide, illegal possession of firearms and possession of illegal drugs.

Labra said that before engaging in illegal activities, Luna was a hit man of the New People’s Army, then became a member of the anti-communist movement.

When he became a “manoy-manoy” in Buhisan, he then engaged in several illegal activities such as extortion, drugs and working as a hit man, police said.

(December 28, 2005 issue)
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