Wednesday, January 16, 2008 ‘Cop should’ve hit him in head’ By Jovy S. Taghoy & Rene H. Martel Sun.Star Staff Reporters
THE Cebu City Police Homicide Section is waiting for an autopsy result before deciding if there’s a need to press charges against a Mobile Patrol policeman who shot and killed an armed person.
The mayor, however, sees no need for such a test.
“To me, he should have shot him in the head,” Cebu City Mayor Tomas Osmeña said of PO1 Richard Condes, who shot in the buttocks and leg a stabbing suspect who later died after losing so much blood.
“There is no such thing as overkill. The police should be commended for his job. We cannot allow our policemen to be paranoid (that they might end up in trouble for doing their work),” the mayor said.
Cebu City Councilor Augustus Pe Jr., committee on public order and safety chairman, said the mayor instructed him to look into all circumstances surrounding the incident and to determine whether or not Condes deserves a cash reward.
Defense
City Hall will also provide Condes a lawyer if he is sued over the death of Richard Morales, who allegedly still had with him the knife he used to stab Marlon Espinosa.
Homicide Section Chief Mario Monilar said the initial investigation showed that the trajectory of the shots fired was downward, which suggested the shots were only meant to “incapacitate” Morales as he fled.
“This is consistent with Condes’ claim that his purpose was to incapacitate Morales. But in order to come up with a more concrete conclusion, it is better for us to wait for the autopsy,” Monilar said.
They also need to know why Morales suffered more than one gunshot wound, he said.
Councilor Sylvan Jakosalem, a committee on public order and safety member and a gun enthusiast, said it was Condes’ duty to stop Morales.
“Morales was shot in the butt and leg so it was clear that the shooter did not intend to kill him. Imagine if Morales had grabbed someone on the street and used him as hostage. It would have been worse,” Pe said in Cebuano.
Target
But Jakosalem said that “there is no such thing as shooting the legs” to neutralize a suspect.
“That’s why if you notice, target boards in firing ranges don’t have legs, just the torso and head,” he said.
Asked if he is not worried that human rights groups will question him for saying Morales should have been shot in the head, the mayor instead lashed out at the Integrated Bar of the Philippines (IBP).
“Ang mo-question ang IBP. Namatay ang potential client (The IBP lost a potential client),” he said.
The IBP had previously criticized the mayor for his stand on vigilante killings during the term of lawyer Alex Tolentino.
Osmeña responded by accusing the group of siding with the criminals, from whom he said lawyers earn.
Morales, 20, a stone-craft carver, was hit in the buttocks and right leg when Condes allegedly shot him last Sunday night.
He died more than 10 hours after he was taken to the Cebu City Medical Center.
Microphone
Morales was tagged as the one who stabbed Marlon Espinosa at the Plaza Independencia in Barangay San Roque, Cebu City, during a fight over a microphone.
Morales allegedly did not give the microphone to Espinosa when it was the latter’s turn to sing, triggering an argument.
Condes’ team responded to the alarm. But despite several calls for Morales to stop running away, he allegedly ignored the police, forcing Condes to shoot him.
Morales’ parents arrived yesterday from Asturias, Cebu.
Morales’ mother Rosalinda told the police that they will come back on Jan. 28 after their son’s burial, when they will be able to decide if they will pursue a case against Condes.
Cebu City Police Office Director Patrocinio Comendador, in a separate interview, said Condes is facing an investigation but he was not placed under camp restriction because the CCPO needs all its forces for the Sinulog festivities.
Duty
Comendador, however, stood pat on his earlier statement that Condes only responded to a call for help and was acting “in the lawful performance of duty.”
Under the rules of engagement, a police operative may fire his gun given justifying circumstances.
In this case, Comendador said it was only proper for Condes to disable Morales because he was “armed and dangerous.”
Comendador said Morales’ wounds were not fatal. The wounds, he added, were only meant to maim the suspect.
“You can never tell if your first shot hit. It would be impractical… Remember that the situation is very fluid. The police was only after the safety of the other people who may be harmed also by the person being shot at,” he said.
