Apura asks court to lower his conviction to homicide

Anthony John Apura, who was recently convicted with Alpha Kappa Rho member Sherwin Que for the death of university student Mark James Enriquez, has asked the court to downgrade or modify his conviction from murder to homicide.

Apura, in his pleading, said he could not be an accomplice to the crime of murder and that he should be held liable instead for the crime of physical injuries only.

The pleading stated that the court might be correct in saying there was conspiracy but “it committed grave error...in fixing Apura’s criminal liability as that of an accomplice.”

Apura contended that an accomplice is one who must have knowledge of the criminal design of the principal by direct participation, and must have concurred with the latter’s purpose.

“Assuming the version of the prosecution to be true that Apura struck the victim with a bottle of beer,” it was not shown that he knew the criminal intent of the principal and that he agreed to such purpose, Apura argued.

Even if the attack was sudden and unexpected, this was not sufficient to establish treachery for it to qualify as murder, he said. 

Apura said, “It must be shown that the mode of attack was knowingly intended by the assailants to insure the accomplishment of their criminal purpose without risk to themselves arising from any defense that the victim might offer.”

There was no proof that Que consciously and deliberately adopted treachery as a mode of attack while there was enough evidence that the throwing of the bottles and the firing of the handgun by Que was a result of a rumble.

Last week, Apura asked the court to maintain his P100,000 bail pending resolution of his motion for reconsideration of his conviction.

In convicting Que and Apura, Judge Bienvenido Saniel ordered them to indemnify jointly Enriquez’ heirs P50,000 then pay another P50,000 for moral damages and other costs. — Joeberth M. Ocao/RAE