MANILA, Philippines — The two police officers found guilty of killing Kian delos Santos have appealed their conviction for murder by putting the blame on their superior, who admitted in court to firing the gun that killed the 17-year-old.
In their motion for reconsideration, Police Officers 1 Jerwin Cruz and Jeremias Pereda denied that there was conspiracy between them and their superior PO3 Arnel Oares, who they said should be the one convicted after admitting in court that he was the one who engaged Kian in an alleged shootout.
The judge in the case, however, found them all guilty of killing Kian, who tested negative for gunpowder residue.
The Caloocan regional trial court found that the three conspired with each other to kill the defenseless teenager beside the Tullahan River during an anti-illegal drug sweep on Aug. 16, 2017, finding no evidence to support their claim of a shootout.
Cruz and Pereda, in their motion, said “it was clearly established by evidence that only the service pistol of Oares tested positive for gunpowder residue.”
They said Oares “admitted pursuing Kian alone and engaging him in a shootout or gunfight.”
In his decision, however, Judge Rodolfo Azucena Jr. countered that a witness testified seeing Pereda fire his gun while Cruz stood by without stopping his colleague.
The judge pointed out too that while Pereda’s service firearm tested negative for gunpowder residue, the accused did not undergo a paraffin test to determine if he recently fired a gun.
The accused police officers also called out the judge for relying on the prosecution witnesses – two minors and a resident who testified seeing the officers drag Kian to the riverside and shoot him there – despite alleged “inconsistencies.”
Pereda and Cruz asked for the court to uphold the “rule of law,” despite the judge’s observation that it was the police officers who engaged in “wanton violence” when they dragged Kian from his house, accused him of being a drug runner and shot him dead.
“A shoot first, think later attitude can never be countenanced in a civilized society. Never has homicide or murder been a function of law enforcement. The public peace is never predicated on the cost of human life,” the judge ruled in his decision that was lauded by human rights groups.