The parents of 7-year-old Joshua Veloso, who drowned near the shore of barangay Buaya, Lapu-Lapu City, last week, decided not to press charges against the neighborhood boys they held responsible for his death.
Alma Rocacolba, the victim’s mother, said the family has a witness but that she was afraid to speak up because the suspects’ families may retaliate.
The housewife said the witness heard two minors point to a companion as the one who pushed Joshua into the water.
Joshua, a grade 1 pupil, didn’t know how to swim. He died of “ asphyxia caused by drowning,” which police said was “accidental.”
The two minors, aged 11 years old, were invited for questioning but were later released to their parents.
Six boys were identified by police as out-of-school youths who “teased” Joshua’s companion, another minor, “in a childish manner” in the sea.
The March 6 police report said these suspects were called the “Sandugo boys” by neighbors because of their “undisciplined manner.”
Inspector Mia Rose G. Burlat of the women’s desk of the Lapu-Lapu police recommended that the case be “dropped and closed” without prejudice of reopening it of new evidence arises.
Social workers said they had no choice but to release the boys because the referral letter of the police, who handed them over, did not indicate any offense was committed.
Alma said the family begged the female witness to execute an affidavit for the police but she refused, saying she was afraid of reprisal.
Alma said the witness also said she was sick and needed to attend to her children.
After being told by police that Joshua’s drowning was an accident which frees the minors from liability, Alma said the family decided to give up.
“It would be difficult for us to pursue the case,” she said in Cebuano.
“Our witness is afraid. We just hope that the death of my son gives a lesson to lawmakers that it is about time to repeal the law abused by minors,” Alma said.
She was referring to the 2004 Juvenile Justice and Welfare Act, which declares minor offenders 15 years and below as exempt from criminal liability.
But the same law says that the government has to have “intervention” in the case of minor offenders, through counseling or youth detention homes to be built by local governments.
Senior Supt. Rey Lyndon Lawas, acting Lapu-Lapu City police chief, said they can reinvestigate the case if there are any new developments.
Lawas said they already have their final investigation.
“Based on the witnesses’ statement and the autopsy report it was indeed an accidental drowning,” he said.
In her affidavit, 51-year-old witness Wilnie Morden earlier told police that she saw Joshua holding on to a bamboo post under a bamboo footbridge while his companion Jun was about 15 meters away.
She said she also saw a group of minors arrive and went swimming in the area.
She said she saw Joshua’s companion Jun being bullied by the groups that prompted her to intervene and scold them.
The minors swam away to a shanty located 40 meters away.
Morden said she later saw Jun calling for help to locate Joshua. A resident identified as Band Eppe searched the waters and found an unconscious Joshua.
Joshua was then brought to Mactan Doctors’ Hospital where he was declared dead on arrival.
In their affidavits, the minors said they only threw coconut shells at Joshua and never came close or touched him. Correspondent Norman V. Mendoza