A CRIMINAL complaint was filed before the City Prosecutor's Office against the seven members of the Special Weapons and Tactics (Swat) team of Bacolod City Police Office (BCPO) who were involved in a shootout with two robbers at Barangay Sum-ag on August 10.
Senior Superintendent Francisco Ebreo, acting BCPO director, told VoxPop Bacolod on Wednesday, August 29, that charges for reckless imprudence resulting to homicide were filed on August 24 against the seven policemen who responded to a robbery hold-up incident in Bago City and figured in a shootout in front of Sum-ag National High School which resulted to the death of two robbers, and a pedicab driver. It also injured the three civilians, including the daughter of Isabela Mayor Joselito Malabor, who were caught in the crossfire.
Ebreo said the filing of the case was done two days after the visit of the three members of the National Police Commission (Napolcom)–Western Visayas in the city last week.
The personnel of Police Station 9 stood as the complainant after the family of pedicab driver Delfin Ortiz, who was killed in the crossfire, urged the police to hasten the filing of the case, Ebreo said.
Ebreo earlier said that only four out of the seven Swat members were able to use their issued firearms during the brief chase.
But since results of the ballistic and paraffin tests are still not available, all of them are facing the criminal charges, he said.
Despite the criminal charges, Ebreo said the case is bailable and the fiscal will have to resolve if there's probable cause.
He said the seven Swat members are still rendering their duties but are restricted to do patrol operations outside the BCPO headquarters.
"They are just assigned to work at the BCPO headquarters for now while the investigation is ongoing," he added.
Meanwhile, Ebreo said the Regional Internal Affairs Service (RIAS)–Western Visayas is still conducting an investigation on the incident.
The filing of the administrative case will depend on the results of their investigation, he added.
For his part, Napolcom-Western Visayas director Joseph Celis, in a phone interview, said the Ortiz's family is planning to also bring the matter before the People's Law Enforcement Board (PLEB).
"If the PLEB will not proceed with the filing of the administrative case, we can initiate the filing based on the available evidence," Celis said.
This is a serious offense because there was an excessive force which resulted in the death of a civilian and injuries of three others, he said.
"We will not allow incompetence in our society," he added.
The crossfire came after suspects Armelle Espadon, 30, and his cousin Ryan Alib, 30, both residents of Barangay Canlandog, Murcia town fired at the Swat team during a brief chase following a robbery incident in Barangay Taloc, Bago City.
Espadon and Alib, who were remnants of Agustin Criminal Gang that engaged in gun-for-hire and robbery hold- up activities, were killed during the shootout.
Ruben Cuelo, 38, of Murcia town, a cohort of the two robbers, is facing robbery with homicide charges.
