HOW did motorcyclist John Dela Riarte die? The Highway Patrol Group (HPG), National Bureau of Investigation (NBI) and the Public Attorneys’ Office (PAO) Forensic Laboratory have conflicting findings.
Based on the spot report by HPG, Dela Riarte was shot twice after he attempted to grab the gun of one of the arresting officers, Police Officer 2 Jonjie Manon-og. PO3 Jeremiah De Villa shot the victim twice after Manon-og shouted that Dela Riarte grabbed his gun.
The report said Dela Riarte was taken to the hospital but declared dead on arrival.
The NBI’s “human sketch” on the other hand showed that Dela Riarte sustained four gunshot wounds.
Dela Riarte was arrested last July 29 after he figured in a road altercation with another motorist, Eric Fajardo. He was handcuffed and supposed to be brought to Camp Crame but was shot along the way.
On the other hand, based on the forensic report by PAO’s Forensic Laboratory conducted by Dr. Erwin P. Erfe, Dela Riarte sustained five entry wounds and two exit wounds.
Four of the entry wounds are in the chest, pelvic and front upper thigh while one was at the back of the right thigh.
“Isa po ay contact gunshot wound. Nakadikit sa dibdib nya nung binaril sya,” Dr. Erfe said at a press conference.
He added that based on the size of the wounds, it would appear that a .45 caliber was used when he was shot in the front while a .9mm was used to shoot him at the back of his right thigh.
“Entry wound is 15-25 degree angle. Acute yung angle maaaring nakadapa siya nung binaril siya sa likuran,” Erfe said.
He added that there were also handcuff marks on the victim and abrasions on his right pelvic area and buttocks.
Dela Riarte’s brother, Robert, already filed before the Department of Justice (DOJ) a complaint against De Villa and Manon-og. The two policemen are facing complaints for murder, robbery, violations of Republic Act 9475 or the Anti-Torture Law and RA 7438 or the Act defining certain rights of person arrested, detained or under custodial investigation.
Dela Riarte’s relatives said the P30,000 that the victim had inside his body bag was also missing.
The victim’s brother, accompanied PAO Chief Persida Rueda-Acosta, submitted a complaint-affidavit including affidavits of witnesses and the video taken by a fellow commuter./rga