Palace vows justice for shooting victim Nicole

MANILA, Philippines - Malacañang vowed justice yesterday for seven-year-old Stephanie Nicole Ella, who succumbed Wednesday to injuries from a stray bullet that hit her in the head as she was watching fireworks on New Year’s Eve.

Deputy presidential spokesperson Abigail Valte said the fact that Army reservist Juan Agus had been taken in for questioning showed that the investigation into the case is moving.

This developed as Justice Secretary Leila de Lima ordered the National Bureau of Investigation to conduct its own investigation into the case.

Agus was earlier held for questioning on suspicion that it was he who fired the gun that killed Nicole at the height of the New Year revelry. Police cleared him on the same night he was turned in for questioning by barangay chairman Rodolfo Oliva, after ballistics test showed that the bullet that killed Nicole did not match the gun that he had surrendered to authorities.

Agus also surrendered two other licensed firearms – a Taurus 9 mm caliber pistol and a caliber .22 hunting rifle.

In the records of the Army reserve command, Agus’ last name is spelled “Agos.” However, he is listed as Agus in his gun registration records at the Firearms and Explosives Office (FEO) of the Philippine National Police (PNP).

Agus admitted owning a .45 caliber handgun but denied firing it on New Year’s Eve.

Valte said it’s very unlikely that nobody in Ella’s neighborhood had witnessed any indiscriminate firing of guns on New Year’s Eve. She said Ella’s neighbors should cooperate with investigators if they really wish justice for her.

“So far, the PNP is moving as they should,” Valte said. “The public is being apprised of the situation.”

She stressed that while Agus may not have fired the bullet that killed Nicole, he is still criminally liable for illegally discharging his weapon.

Agus had claimed it was his friends who fired his gun. He identified them as barangay tanod Arcadio Gulmatico, Eddie Magtubo and Feliciano Cercano, all neighbors of the victim in Barangay 185, Malaria.

The three are also facing criminal charges for illegal firing of weapons.

Police also said Agus is not yet off the hook. “He may have been cleared as far as the gun and the bullet that lodged in the victim’s head are concerned but he is not yet off the hook,” Caloocan police spokesman Superintendent Jackie Candelario said.

He said the gun that killed Nicole may have been hidden from authorities, and that there may have been more than one shooter.

Armed neighborhood

Candelario said they are making an inventory of licensed firearms owned by Nicole’s neighbors – with focus on US-made .45 caliber pistols, including popular brands Colt, Remington and Ethica.

He said the inventory covers three barangays within 50 meters from the spot where Nicole fell.

He said they have identified 110 registered guns, including caliber .45 pistols belonging to 45 individuals.

The officer said much of the information they gathered came from concerned citizens. 

Candelario said that the list included businessmen and former members of the PNP, Bureau of Jail Management and Penology, and the Armed Forces.

Chief Superintendent Raul Petrasanta, director of the FEO, said there are 242 firearms with expired licenses in the community. With expired licenses, the guns are considered “loose,” he said.

Petrasanta said 237 of the 242 firearms were hand guns while the rest are long or high-powered guns.

He noted that 138 of the weapons with expired documents are registered in the name of RPD Security Agency, while the remaining 104 guns are owned by individuals.

Petrasanta said they are working to revoke the licenses of Agus’ firearms.

“The mere fact that he lent his gun to other people, who fired it indiscriminately, is a clear violation and enough basis to revoke his license and seize his guns,” Petrasanta said.

He said they would also check if Agus changed the barrel of his .45 caliber before it was submitted for ballistics testing.

NBI steps in

As demand for swift justice for Ella mounts, the NBI announced it would conduct a parallel probe on her death.

“It will be an investigation parallel to that being conducted by PNP,” De Lima said in a text message.

De Lima went to Ella’s wake Thursday night as representative of President Aquino.

Education Secretary Armin Luistro also visited Ella’s wake in Malaria, Caloocan City. 

“We assure the family that justice will be served in the death of Nicole,” De Lima said.

Meanwhile, Agus and his three friends were charged yesterday with alarm and scandal before the office of Caloocan City assistant prosecutor Nida Gravino.

Gravino said that based on the evidence presented, she could only recommend the filing of alarm and scandal against the four. A bail of P1,000 each has been recommended for their temporary release. 

Chief Inspector Rodrigo Soriano, Caloocan City police investigation chief, said that they have widened their investigation to include at least 32 gun owners living within 50 meters from Ella’s house.

“Based on SOCO (Scene of the Crime Operative) report, the person who fired the gun that hit Nicole in the head could be positioned somewhere at the back portion of the victim’s house,” Soriano said.

Soriano also said the reward for information that could help police arrest the gunman was increased to P400,000.

Meanwhile,  Armed Forces spokesman Col. Arnulfo Burgos Jr. confirmed that Agos was a civilian Army reservist with a rank of sergeant.

He said Juan Agos was a machine operator of Manila Water Co. and part of the Philippine Army Affiliated Reserve Unit.

“As to the case of the civilian who happened to be a reservist, due process will be served and the AFP will help civilian authorities in the prosecution of the case if probable cause is found,” Burgos said.

Military officials said Agos is liable for negligence if he had indeed allowed his friends to use his gun.

– With Cecille Suerte Felipe, Edu Punay, Jerry Botial, Pete Laude, Alexis Romero