Kerwin convicted for gun ban violation
A court in Cebu City yesterday found self-confessed drug lord Roland “Kerwin” Espinosa guilty of violating the election gun ban.
Kerwin is the son of the late Albuera, Leyte mayor Rolando Espinosa Sr., who surrendered to the police at the height of the antidrug campaign of the Duterte administration in 2016 only to be killed in a police operation inside the regional penal facility in Abuyog in November that year.
Kerwin, assisted by his legal counsel Jonnah John Ungab, appeared in bullet-proof vest before the sala of Cebu City Regional Trial Court Branch 23 Judge Generosa Labra at around 10 a.m. yesterday.
In her decision, Labra found Kerwin guilty beyond reasonable doubt for violation of Commission on Elections Resolution 8714, saying that “per record from their office (Comelec), said accused has no authority to bear, carry or transport firearms and other deadly weapons for the election period of May 10, 2010 automated national and local elections.”
The court ordered Kerwin imprisoned for one year.
To recall, Kerwin was arrested in Barangay Duljo-Fatima, Cebu City on May 4, 2010 over charges of illegal possession of firearms, violation of the Comelec gun ban, and possession of illegal drugs.
Ungab, however, told reporters yesterday that the charge for illegal possession of firearms was dismissed yesterday while the charge for alleged possession of illegal drugs was also dismissed in 2012 for lack of evidence.
During one of the hearings, Police Officer 2 Albert Luardo testified that they were conducting a buy-bust operation along Spolarium Street in Barangay Duljo-Fatima at the time, where he was designated as the poseur-buyer.
Luardo said he was introduced by their informant to a certain “Nimzu,” the subject of the operation.
After the transaction was completed, Luardo gestured a pre-arranged signal to his colleagues to swoop down on the subject.
Nimzu’s companions, who were onboard a black Toyota Hilux, were also asked to alight from the vehicle. One of those in the car was Kerwin.
Luardo said his colleagues then neared the scene and instructed the armed men to lower their guns. The suspects were then placed under arrest.
Police were able to recover from Kerwin’s possession one .45 caliber Norinco pistol with one magazine and 12 live bullets, as well as three packs of suspected shabu.
Espinosa failed to present a license and a permit to carry a firearm; hence, his arrest. At that time, a gun ban was in effect because it was days leading to the 2010 national and local elections.
During trial, Kerwin was able to present evidence that he was a licensed holder of the .45 caliber Norinco pistol.
He also presented certification issued by Senior Police Officer 4 Zenaido Sanchez of the Firearms Explosives Security Service Agency and Guards Supervisory Section (FESSAGS) showing he was in the list of approved applications to possess the subject firearm and ammunitions.
However, Espinosa admitted that he had not secured exemption from the Comelec gun ban.
At the promulgation yesterday, Espinosa was escorted by members of the National Bureau of Investigation. He is under provisional coverage of the Witness Protection Program of the Department of Justice.