Man killed by cop ‘didn’t have a gun’, says witness

The Cebu CIty policeman who said he shot and killed a neighbor in self-defense was challenged yesterday by a witness who said the victim was unarmed.

The witness account, which surfaced in an inquest proceeding, spells trouble for SPO2 Cresente Dacilo.

A charge of homicide was filed against the policeman for the death of 33-year-old Primo Gallego Jr. who was shot to death outside the policeman’s sari-sari store in barangay Bulacao on Monday.

Police said they found a .38 caliber revolver under the fallen body of Gallego but the witness account raises questions of whether the weapon was just planted.

Melvin Ebrado, a driver, said he saw Gallego come out of the store after buying a can of sardines, when the policeman suddenly shot him several times.

Cebu Daily News earlier reported that according to the victim’s live-in partner, the policeman acted out of jealousy after suspecting Gallego had an interest in his wife.

The Cebu City Prosecutors’ Office will decide on the case today.

Asst. City Prosecutor Mario Ley Gidayawan said he will wait for results of the autopsy and a diagram of the crime scene.

“I’ll have to take note whether the testimonies of witnesses will jive with the (documentary) evidence presented by the police,” he said.

Jammed

SPO2 Dacilo, 47, is assigned at the Punta Princesa police precinct.

He chose to forego a preliminary investigation,The policeman said he was about to enter his home when he saw Gallego peeping into the sari-sari store.

Dacillo said he shouted at the man and that Gallego pulled out a gun and tried to shoot him but the w eapon jammed.

This allegedly gave the policeman time to shoot the vendor in the legs and torso.

Dacillo later surrendered to responding policemen.

In their joint affidavit, policemen of the Pardo precinct said Gallego, who wore denim shorts, was lying face down on the ground when they arrived.

“We recovered and retrieved a .38 revolver loaded with ammunition of the same caliber underneath the subject’s body,” they said.

Forced

The policemen said Gallego was still breathing when they approached him.

Members of the Basak Pardo Emergency Response unit applied first aid then brought him to the Cebu City Medical Center where Gallego later died.

Police said Dacilo explained that he was forced to shoot Gallego to defend himself after the victim tried to shoot him.

Dacillo turned over his service weapon, a 9-mm caliber pistol.

In his affidavit, witness Ebrado said he went to the sari-sari story to buy chicken feed past 5 p.m. and saw the victim buying a can of sardines there.

As Gallego was about to walk away, the witness said the policeman came out of the gate and called out to Gallego who turned tohim and was shot several times.

When the victim fell on the ground, the witness said Dacillo warned him “Tabang mo diha ron kay apil mo og dug. (Try to help the victim and you will lie with him).”

“I didn’t see any firearm from Gallego as he was shirtless,” Ebrado said.

He said the policeman’s wife came out and told her spouse “Nganong imo man nang gipusil nga wa man nay sala? (Why did you shoot him when he hasn’t done anything wrong? )”

Ebrado said he went home and kept silent about what he saw but was bothered by his conscience and decided to speak up.

Gallego’s live-in partner earlier told Cebu Daily News that the policeman suspected Gallego of being attracted to his wife. Reporter Ador Vincent Mayol and Correspondent Chito Aragon