NBI files murder raps vs Caloocan cops.

The National Bureau of Investigation (NBI) yesterday filed criminal charges against the four policemen linked to the killing of 17-year-old Kian delos Santos during an anti-drug operation in Caloocan City last Aug. 16.

Charged with murder, violation of domicile and planting of evidence before the Department of Justice (DOJ) are Caloocan City police station 7 head Chief Insp. Amor Cerillo and his men PO3 Arnel Oares, PO1s Jerwin Cruz and Jeremias Pereda.

Separate charges of murder and torture were filed against the policemen by the Public Attorney’s Office, also before the DOJ.

On the charges of murder, the NBI took into consideration the forensic findings that Delos Santos was shot while kneeling.

“...(t)he result of the bullet trajectory revealed that the victim was shot while on a kneeling position/fetal position while the perpetrator or shooter was standing or positioned at the left side of the victim,” the NBI said.

“Based on the photographs on the position of Kian taken at the crime scene, the bullet marks on the concrete wall beside the body of Kian, the trajectory of the bullets in the head of Kian and the blood stains just below the bullet dent, proves an undisputable conclusion that Kian was shot while somewhat in kneeling/ fetal position.”

The charges of violation of domicile were filed against the policemen for unauthorized entry of a dwelling place without any judicial order, the NBI said.

The four policemen would also face charges for planting of evidence, in violation of Section 29 of the Comprehensive Dangerous Drugs Act of 2002.

The NBI disputed claims of the policemen of self-defense.

“If Kian indeed engaged them in a shootout, he would have sustained gunshot wounds on the frontal parts of his body,” the NBI pointed out.

“It is highly improbable for Kian to conceal a .45-caliber pistol including two sachets of alleged shabu on his waist as he was only wearing boxer shorts at the time.”

The NBI also took note of the absence of gunpowder residue on the victim’s hands, which means Delos Santos did not fire a shot at the lawmen.

The NBI also said the bullets found at the crime scene that killed Kian came from Oares’ 9mm service firearm.

The NBI included the autopsy findings by the crime laboratory of the Philippine National Police, revealing the two bullet wounds found on the victim’s head “have an upward trajectory indicating (Delos Santos) was in a kneeling position with his head lower than his body.”

It also included the findings by PAO forensic experts that Delos Santos sustained three gunshot wounds, two on the head – similar to the findings by the PNP crime laboratory – and one on his lower back.

Initial investigation revealed by the NBI said the three junior policemen dragged Delos Santos out from his house at Libis Baesa

in Caloocan City and brought him to a nearby area near the Tullahan River where he was shot dead.

Witnesses also saw Delos Santos being dragged by the policemen before he was found dead, slumped in a canal.

Police officials justified the killing of Delos Santos, claiming the victim was into the illegal drug trade, which they learned about only after he was killed.

PNP spokesman Chief Supt. Dionardo Carlos said the filing of cases would provide an opportunity for the police officers to defend themselves in court.

“The PNP welcomes the filing of criminal charges so that the police personnel involved can have their day in court and present their defense,” he said.