NBI sues 3 cops on boy’s death
The National Bureau of Investigation (NBI)-7 has filed charges against the three policemen allegedly involved in the death of five-year-old Skyler Abatayo.
The child was hit by a stray bullet as the team of Police Senior Insp. John Kareen Escober was conducting an anti-drug operation in Sitio Bato, Barangay Ermita early afternoon on July 10, 2018.
The other members of the team were PO1 Wilbert Perez and PO1 Rey Van Dadula, both from the Carbon Police Station.
The NBI said the three cops allegedly covered up what really happened that day.
“The police narrative is only a figment of a fertile imagination to come up with a report to cover their misdeeds,” reads part of the complaint the NBI filed before the Office of the Ombudsman.
Based on the bureau’s investigation, the bullet that killed Abatayo came from Perez’s gun. The firearm reportedly fired when Perez fell to the ground as he was walking down a slippery flight of stairs at the house owned by one Elizabeth Abayan.
“The bullet fired went through a plywood partition of the adjacent house hitting (the minor) in the chest as he was playing inside the room with her mother at their residence,” the NBI said.
“It was established that the relative position of the trajectory of the bullet was from below going upwards. The measurements conducted on the bullet entry, bullet exit and the shooter's line of sight coincided with the relative position of PO1 Perez as he slipped going down the dilapidated wooden steps of the stairs of the abandoned house as he accidentally fired his gun as he was falling to the ground,” the NBI said further.
The NBI investigation also contradicted the statement of Dadula that Perez lost his balance and fell because Dadula hit him accidentally when the latter wrestled with a man who was caught repacking and using shabu.
Witnesses also reportedly belied the claims of the police.
A neighbor of the victim, for one, said she saw two cops went up the house in front of the Abatayo residence. Later, she heard a gunshot and saw Perez fall down the stairs. The witness claimed there was no drug operation at that time and only saw Perez and Dadula at the area.
“The storyline that one of the male companions of the suspects pulled out a gun and fired a shot at the police officers is a fabricated story which has no leg to stand on under the attending circumstances,” the NBI complaint reads.
Escober is facing charges for falsification by public officer, dereliction of duty, obstruction of justice, and grave misconduct. Perez is facing charges for reckless imprudence resulting to homicide and grave misconduct while Dadula is facing charges for dereliction of duty and grave misconduct.
It was Abatayo's parents who asked the NBI to investigate the incident.
Abatayo's father, March Anthony, said it was Cebu City Police Director Royina Garma who told him that an anti-illegal drugs operation was conducted against four people at the room adjacent to where his live-in partner and son were staying.
During the operation, a confrontation happened and the suspect's gun reportedly went off and took his son's life.
The NBI said both the Philippine Drug Enforcement Agency (PDEA)-7 and Barangay Ermita confirmed that the Carbon Police did not coordinate with them for the July 10 operation.
Meanwhile, Patricio Bernales, Jr. who served as director of NBI-7 for over two years has been transferred to the bureau's unit in Northern Mindanao.
NBI-7 is now headed by Atty. Dominador Cimafranca, the former assistant regional director.
SUPPORT
The Police Regional Office - 7 stands by its statement that the bullet that killed Abatayo did not come from the gun of the three cops.
Director Reyman Tolentin said PRO-7 will provide the city police with legal support.
“We will support our police. Kung masang-at sa korte, it is also a process investigation kung unsa gyud ang tinuod nga nahitabo, and the judge will render judgment. We welcome the development, and all we have to do is to support our police kung unsa ato ma-support, considering naa na ang kaso sa Ombudsman,” Tolentin said.
He also said that the charges will not strain the working relationship between the police and the NBI.
“No, it will not affect since they are only doing their job, so it will not affect in any way. We are not surprised kay nag-perform man sa trabaho. When you are in the police force, it is normal for us to encounter such possible cases,” he said.
Escober echoed Tolentin's statement.
“Katungod man na nila mu-file kaso. Amo lang pangitaan paagi para matubag namo in a legal way. Parte man na sa trabaho… if di ta mutrabaho, kasuhan ta; if mutrabaho ta, kasuhan ta,” he said.