Tuesday, October 31, 2006 Ex-cop Durano found guilty of slay try By Jujemay G. Awit Sun.Star Staff Reporter
FORMER policeman Engilberto Durano was convicted yesterday for the shooting of an eyewitness in the killing of a tricycle driver in December 2000.
He was also earlier found guilty of the murder of the driver.
Durano was sentenced to a minimum of two years, four months and a day in jail to a maximum of eight years and a day. He was also ordered to pay victim Lloyd Caram-patan P200,000 as civil indemnity.
His alleged cohort, Taran Deeph Singh, alias Ricky identified as Durano’s driver, was acquitted of the charge.
Two other co-accused men remain free.
Although Durano did not shoot Carampatan in the nape, circumstances proved his guilt, said Regional Trial Court (RTC) Judge Eric Menchavez in his eight-page decision.
“Carampatan was a witness in the killing of Rogelio Bacalso, of which Durano was the accused. Durano had a strong motive to take revenge on Carampatan for testifying against him,” the decision read.
Carampatan was gunned down on March 3, 2001 along Cardinal Rosales Avenue, allegedly by one Roy Pineda, someone he considered a friend.
He was just 16 then.
Durano is detained at the National Bilibid Prisons in Muntinlupa for his conviction in the Bacalso murder case. He was not present during the promulgation. Singh was also not in court.
Carampatan had testified that he, along with Pineda, Junrel Bacalso, Iris Gomez (Carampatan’s girlfriend), Iris’ sister Lynlyn and Lloyd’s sister Liesel were walking towards Ayala Center when Pineda pulled him back because he had something to tell him.
Pineda, he said, apologized to him as he was only under Durano’s instructions, and then he pulled out a gun.
But before Pineda could shoot, Carampatan said he was able to hit Pineda on the jaw and tried to run away. But he took a bullet in the nape from Pineda’s gun.
Before he fell, Carampatan turned and saw a gray car in the area. Inside the car were Durano, Singh and Leonardo Jamili Gopar alias Loloy, whom Carampatan said were laughing.
Pineda was seen running toward the car, which immediately sped off.
During a reenactment at the crime scene as part of the trial, the court noted that “there was no impediment or obstructions to the view between the scene of the incident and where the gray car was parked.”
“Immediately after the incident, Durano was nowhere to be found,” Menchavez also laid down as basis in the conviction of Durano.
The former Cebu City policeman was arrested in Manila on Aug. 9, 2002, or a year after the issuance of his warrant of arrest. Gopar and Pineda were not tried in court since they evaded arrest.
Singh’s guilt was not proven beyond reasonable doubt so he was acquitted, Menchavez said.
Carampatan and Junrel befriended Pineda in the early part of 2001. Pineda, who became the boyfriend of Liesel, lived at the back of Camp Sotero Cabahug.
The Carampatans and the Bacalsos are living at the camp for security reasons.
Barely a month after they became friends, Pineda invited them to watch a movie at a mall last Feb. 28, 2001.
Carampatan was hesitant since it will compromise his security, but Pineda convinced him to wear a cap and dark shades so he can get out of the camp undetected.
Pineda paid for the movie and their snacks.
Three days later, Pineda invited the same group to go to Ayala Center, which is walking distance from the police camp on Gorordo Ave.
This is when Carampatan was shot.
Junrel’s father Rogelio was shot to death on Dec. 22, 2000 near his house in Gardenville, Barangay Busay, Cebu City. Carampatan was a witness to the murder case, which resulted in Durano’s conviction in March 2004.
Durano was sentenced to reclusion perpetua or a jail term lasting 20 to 40 years.
In his decision, Menchavez also considered the alleged threats made by Durano against Lloyd and his father Pedro.
Pedro testified that during a hearing of the case in November 2002, Durano made a slashing gesture on his neck while telling Pedro, who was beside Lloyd, to watch out because he will be next.
On another occasion, after Lloyd testified in court in relation to the Bacalso case, Durano, onboard the Bureau of Jail Management and Penology vehicle, made the same gesture and threat.
SPO2 Edgardo Go, who was assigned as the Carampatans security detail, corroborated Pedro’s testimony.
Lloyd welcomed the second conviction of Durano, saying that he has waited for this for five years.
He now has a child with his girlfriend Iris.
Private prosecutor Fritz Quiñanola said the Carampatans can now work on their release from the witness protection program.
Prosecutors Quiñanola and Alfredo Sipalay are also happy with the outcome despite the acquittal of Singh and the two other accused.
They were also the prosecutors in the Bacalso case.
The principal interest has always been Durano, said Quiñanola.
Quiñanola said he will go after Durano’s assets just so the Carampatans will be indemnified.
“We will pursue the execution of the civil aspect once the decision becomes final,” Quiñanola said.
