Murder raps filed vs ‘killer’ cop

CEBU, Philippines – Linda Lagsanay left her children ages 9, 7 and 3 in Anda, Bohol and came over to Cebu yesterday to seek justice for the death of her eldest son John Stephen.

The grieving mother lost John Stephen, 18, in the hands of an intoxicated Police Inspector Rogelio Amoroso, who reportedly shot him and Archie Gesta, 37, both working as waiter and bouncer at Lotus Restobar in Barangay Basak, Lapu-Lapu City.

"Di pa ko kadawat, sobra kaayo ang gihimo [sa polis] (I still can't accept what happened to my son. What [Amoroso] did was just too much)," said the 38-year-old mother.

"Siya ra gyud among gisaligan (Our family was solely depending on him)," added the mother, who is already a widow.  Her son worked as a waiter for four years before the fatal shooting.

And though the victims' families have not yet moved on, they found a little sigh of relief with two criminal cases already lodged against Amoroso yesterday.

Prosecutor Aida Castillo of Lapu-Lapu City Hall of Justice  gave Amoroso’s camp 15 days within which to counter the allegations.

Lawyer Leo Castañares, the legal counsel of the two victims' families, said they filed cases of murder and frustrated murder against Amoroso, a notch higher than the homicide and frustrated homicide previously recommended by the police.

Catherine Gesta, 38, older sister of the wounded bouncer Archie, also came in yesterday.

"Na-shock ko sa nahitabo, buotan man akong igsoon ngano gi-ingon ato man to siya (I'm left  shocked with the incident. My brother was a good man, why was he treated that way)," she said teary-eyed.

As of press time yesterday, Archie was still in the Intensive Care Unit of Chong Hua Hospital in Cebu City where he was brought after obtaining a gunshot wound on his stomach.

An enraged Catherine blamed Amoroso for the, saying he shouldn't have done it since he had pledged to uphold the law as member of the police.

Castañares said they had a copy of the closed-circuit television footage that showed Friday dawn's incident. This was already turned over to the police.

Meanwhile, Police Senior Superintendent Armando Radoc, officer-in-charge of  Lapu-Lapu City Police Office, said prior to the surrender of the suspect to Superintendent Rodulfo Albotra of Provincial Intelligence Branch of Cebu City, he received a call from Amoroso around 2 a.m., telling him he was sorry for what he had done.

"Mao na ang usa sa mga triggering factors, kung moinom, dapat responsable sab (If one has to drink, he should be responsible enough)," Radoc said.

Radoc added Amoroso was possibly insulted after he was allegedly beaten by two workers inside the restobar.

Lawyer Wendell Quiban, Amoroso's legal counsel, said they will file a counter-affidavit within five days.

Likely dismissal

The Regional Investigation and Detection Management Division-7 is now collecting pieces of evidence from LLCPO for the possible administrative case against Amoroso.

This was disclosed yesterday by Superintendent Henry Biñas, deputy chief of RIDMD-7.

He added that after receiving the pieces of evidence, they will conduct a pre-charge evaluation or a summary hearing against Amoroso.

He said if the news reports were true, Amoroso's violation could be grave misconduct that carries with it a maximum penalty of dismissal from service.

However, he clarified that if a police official has a pending criminal case, the administrative case is to be treated separately, except if the case is filed in the office of the Ombudsman.

If the case is filed directly to the courts against any member of the police, the regional director can conduct an administrative investigation immediately, he said.

"Acts or omissions punishable under the Revised Penal Code (or special laws) constitute grave misconduct under Napolcom Circular 2007-01," he cited.

He also pointed out that as a general rule, all police officers are barred from entering establishments, such as bars and the likes, and a police officer is not allowed to bring along his service firearm if he is not wearing the prescribed uniform.

Biñas said they will look into treating a single offense a separate case to be filed against the embattled police official.

"Tan-awon nato kung separate cases or usa ra, but these cases should be separated," he said.

The FREEMAN learned from records that Amoroso has no pending administrative case in RIDMD.

"Based sa akong nahibaw-an maayo gyud na siya nga motrabaho, walay criminal case nga pending (From what I know, he has no pendinc criminal case. He does his job well)," Biñas said.

His version

Based on Amoroso's earlier accounts, they were there to unwind since he was off from work together with his three police friends and two civilian acquaintances who were sitting at a table inside bar.

Amoroso narrated that a waiter accidentally bumped on him. After the waiter allegedly hit him, Amoroso, who consumed more than four glasses of alcohol, told the waiter to 'be careful' aloud since the bar was playing full-blast music.

The waiter complained to Gesta that he was reprimanded by Amoroso. Gesta then went to Amoroso and an argument ensued.

The bouncer gripped the arms of the police official and was head-locked, according to the report. The waiter punched him on the face twice, it added.

It was at this moment that Amoroso took the gun from his car and went back to shoot the victims. — with Bryner L. Diaz