Rockwell guard can’t say who among the attackers stabbed Anikow

George Anikow. Photo from Facebook Account

MANILA, Philippines — The security guard manning the Rockwell checkpoint during the fatal stabbing of former US Marine George Anikow in November 2012, told the court on Thursday that Anikow did something to provoke a confrontation that resulted in a “rumble,” but said, he did not see who among the four accused stabbed the victim.

Jose Romel Saavedra of the Southbend Security made his last appearance in the Makati Regional Trial Court Branch 59, presided over by Judge Winlove Dumayas on Thursday, mustering as much confidence as he could during the four-hour cross examination.

Saavedra recalled that at around 3:50 a.m. of Nov. 24, 2012, Anikow, 6-feet tall, curly haired and wearing a blue shirt, approached him cheerfully, asking him when the Gate 4 of Rockwell Drive in Bel-air would open. The guard said Anikow was just an arm’s length away from him.

Saavedra said Anikow came from P. Burgos, which lawyer Jay de Castro, defense counsel for Galicano Datu III, said was a place full of bars and night clubs.

Saavedra stopped a passing Volvo car for verification and asked the driver Juan Alfonso Abastillas where they were headed to. Saavedra allowed them to pass since they are going to Joya Residences.

Anikow, he said, butted in, and “firmly” told them, “Present your ID, the guard is checking on you. Respect the Guard, Respect the guard,” which prompted Abastillas to “gently” ask “Sino ba yan (Who’s that guy?)”

Saavedra said he apologized for Anikow, saying that Anikow was kind of drunk, as he was trying to stop Anikow from butting in by “moving him backward”

As he moved the truck cones, Saavedra said he was shocked to hear a loud tap of the Volvo.  Saavedra demonstrated just how loud by tapping on the judge’s table in court.

“Malakas (loud),” he said. An exchange of foul words from both parties ensued, Saavedra told lawyer Teodoro Jumamil, defense counsel for Crispin dela Paz, adding he heard Anikow utter something like “fuck you.”

At this point, Saavedra said the driver moved the Volvo around “4-5 meters” from the checkpoint and the four alighted from the vehicle. The driver, he said, was the last to alight from the car.

Saavedra said Anikow, in a fighting position, punched one of the accused, who fell down to the ground. Saavedra said he tried to intervene, but they did not stop. A fist fight ensued. He was taking care of his shotgun, since it might be taken from him, during the brawl.

Anikow tried to run to P. Burgos but two of the accused ran after him. Two others followed. Saavedra said he thought the American and the four men were just trading blows in some sort of a “rumble” and did not know that Anikow had been stabbed.

Saavedra said he was told by the four men not to get their plate number, and said “Gago yan” (That man is a fool, stupid). Saavedra said they headed to Estrella St. and he called the other guards within the area by radio, asking them to block all cars going in their direction.  He said he asked for a lifeline, while Anikow was lying bloodied on the street. The ambulance came only after 30 to 40 minutes, he said. Anikow was still breathing when he checked on him two times.

During the proceedings, the people in the courtroom, including the US consul general, smiled when De Castro tried to establish from Saavedra’s answers that Anikow was taller than Saavedra, and that he was indeed heavier than accused Abastillas, Crispin Dela Paz, Osric Cabrera, and Datu III.

The four accused, some wearing rosaries on their necks and seated directly facing Saavedra, were intently watching the guard give his testimony.  The defense tried to have Saavedra re-enact some scenes, including Anikow’s boxing stance, and his blocking of Anikow when he tried to butt in Saavedra’s conversation with the Volvo driver.

The prosecution and defense lawyers argued when the defense tried to stop the prosecution from asking Saavedra to identify the victim and the accused from the CCTV video.  The defense insisted that Saavedra would only testify on the basis of his sworn statements.

Although only four are allowed to represent each accused, Datu III and Dela Paz have another collaborating counsel each to counter arguments of lone public prosecutor Hannah Arriola.

De Castro said he was happy that the defense was able to show that sufficient provocation and unlawful aggression started from Anikow.

Lawyer Redemberto Villanueva, counsel for Osric Cabrera, said the prosecution’s case was weakened in advancing the “murder in a rumble” story. “There can’t be any qualifying circumstance because it is a rumble.”

Prosecutor Hannah Arriola said the video could only show the discourse between the driver of the car and the guard.  “The video will speak for itself,” said Arriola.

Arriola added she was not surprised that Saavedra did not identify who stabbed Anikow because he had said in his affidavit that he could not.

But the prosecutor said Saavedra’s testimony clearly showed that the physical attack was started by the accused.

“However, the defense will play it, if the car did not stop, if the passengers did not alight from the Volvo… they can point fingers, they can say it was George Anikow was the one who started the provocation, or it was the guard at fault because he did not stop Anikow, they can say it is the  fault of the ambulances for not arriving on time, but at the end of the day, if they (the accused) did not stab him, if they did not gang up on him, there will be no need for an ambulance,” she added.

Next week, the enhanced video will be presented as the prosecution’s next evidence.

De Castro said he was not bothered by the presence of US embassy officials during the trial.  “They are aware of our proceedings; everything is done in full view of the public. There is nothing to hide, this is Philippine justice shown before their eyes.”