Monday, April 02, 2007 Ampatuan murder case downgraded to homicide By Rhodamae M. Hernandez
THE Northern Mindanao Regional State Prosecutor filed homicide charges against Mohamad Banarin Ampatuan instead of murder five years after the Department of Justice ordered a reinvestigation on the case.
Banarin is accused of killing Carlo Asistido inside The Venue compound along Jacinto Extension, Davao City, at around 2:30 a.m. of July 28, 2002.
In the resolution, it pointed out that the main protagonists in the rumble between the two groups led by Cotabato scions were Ampatuan and one Junjun Paglas.
The rumble broke out earlier that night in another place but was pacified.
The two groups, however, encountered each other once more at around 2:30 a.m., this time at The Venue compound, with Ampatuan leading the attack on Paglas' group.
The two were in a confrontation when a shot rang out and Asistido fell dead.
Witnesses identified the one who fired his gun as Ampatuan, who targeted his gun towards Paglas. Ampatuan hit Asistido instead.
The resolution pointed out that based on the testimonies of witnesses, it was clear that Ampatuan's target was Paglas and that Asistido's death was unintentional, and cannot therefore qualify as murder.
It also noted that from what the witnesses said Asistido was not part of any of the two groups and, thus, can be classified as a spectator or bystander, rather than an active participant.
