After clearing one of two policemen: CCPO to file raps vs cop in shootout
The Cebu City Police Office (CCPO) said that PO3 Inocencio Lumayag was justified when he shot it out with another policeman last Sunday leaving three people injured in barangay San Nicolas.
This as Cebu City Vice Mayor Michael Rama has urged police officials to slap the maximum penalty on who would be found at fault.
CCPO director Patrocinio Comendador said that Lumayag’s action of shooting at PO1 Luther Lapinig was legitimate and charges will be filed.
He explained that if Lapinig, who claims to be responding to an alarm, acted properly, he would have notified the nearest police station first before proceeding to the area.
Lapinig claimed that he went to the area after receiving a distress call from his brother Donald, who was allegedly slapped by bystanders at
Lumayag, a resident of the area, was opening the small store at his house when his neighbors came and asked for assistance due to the presence of an armed person.
Lumayag immediately asked a relative to call for back-up before he proceeded to the area where the armed person was spotted.
Introducing himself as a policeman, Lumayag asked the man with a gun to raise his arms, but Lapinig, who said that he did not believe Lumayag was a policeman since he was not in uniform, reportedly fired twice at the responding cop.
Lumayag said that he fired back and grazed Lapinig’s thigh.
Two people were hit during the gun battle. They were identified as Rowel Abarri, 27, who is still in critical condition and Dario Encarnacion, who was also hit on his the nose.
According to Lapinig’s younger brother, Donald, his brother did not believe Lumayag when he said he was a policeman because he was in civilian clothes.
Both policemen would not however claim as to who fired first, but witnesses, who are Lumayag’s neighbors say it was Lapinig.
Prior to the shooting, Lapinig’s brother and their cousin, Reynan Espiritu along with their boardmate Jose Raga, Jr. were having drinks when allegedly a group of men attacked them.
The younger Lapinig called his brother using a mobile phone to ask for help. PO1 Lapinig rushed to the area wearing only a pair of short pants, a sleeveless shirt, slippers and a baseball cap.
Witnesses said that when PO1 Lapinig arrived at the scene, his brother and Espiritu were mauling brothers Jeanne and Leo Nanoy, who were the ones that allegedly slapped Donald earlier.
Jeanne, who became unconscious due to the mauling, was rushed to the hospital.
The residents of the area who saw what happened chased the Lapinig brothers and their cousin and it was at this point when Lumayag arrived at the scene.
Insp. Mario Monilar, chief of the Homicide Section said, that it was only right for Lumayag to respond to the call of his neighbors since he lived in the area and is assigned to the CCPO.
“It can’t be denied that Lumayag is responding to an alarm, Lapinig is not assigned to CCPO, kung moadto siya sa alarma he should have coordinated with the CCPO, plus pa ang iyang appearance nga nag-shorts, pinutol nga sinina ug nag-tsinelas and carrying a gun is dangerous,” Monilar said.
The CCPO will be filing to counts of frustrated homicide against PO1 Lapinig, who is assigned at the Regional Intelligence Office-7.
Maximum Penalty
Vice Mayor Rama said he expects the police to implement the maximum penalty on who among the two policemen would be found found guilty of using their guns that have hurt civilians.
Rama said that even if Lumayag and Lapinig were off duty at the time of the incident, being not in uniform was not an excuse for them not to distinguish each other and handle the situation responsibly.
“It’s not an excuse…I wish they will impose maximum penalty,” Rama said.
Maximum penalty, the vice-mayor said, should include the filing of appropriate charges against the one responsible.
Rama said the incident could have been prevented if the two policemen went back to their basic responsibility of ensuring the safety of the public. –(/NLQ)
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