Cop who shot ex-memberof volunteer group charged

CEBU, Philippines - The police officer who shot a former member of the Civilian Volunteer Organization is facing charges before the Provincial Prosecutor’s Office.

PO3 Artemio Tumakay, Jr., 50, of the Bogo Police Station’s Cebu-Criminal Investigation and Detection Team was accused of killing Agapito Cuizon, 34, in barangay Cantu-od, Balamban, Cebu.

Prosecutor Ferdinand Coliantes gave Tumakay seven days to file his counter-affidavit.

 “I give Tumakay seven days to file his counter-affidavit and after that I will resolve the case,” Coliantes said.

Tumakay allegedly shot Cuizon late afternoon on September 11, 2010. Cuizon died owing to a gunshot wound on his stomach.

Tumakay’s counsel, Pedro Leslie Salva, however, said the policeman was simply defending himself, as it was Cuizon who allegedly fired first.

In her affidavit, Cuizon’s wife Epifania said she was on board a motorcycle with her husband and one-year-old child when they chanced upon Tumakay and a certain Dennis Paradero who were on a separate motorcycle.

An argument ensued between Cuizon and Paradero who reportedly have harbored ill feelings towards each other.

Epifania said the argument ended when Cuizon proceeded to drive. However, her husband reportedly stopped the motorcycle a short distance after, disembarked, and went back to Paradero and Tumakay. 

Epifania then heard gunshots, but said she did not see who fired the gun. She, however, admitted that Cuizon had a .45 revolver tucked at his waist at that time.

Initial investigation revealed that it was Cuizon who allegedly fired shots first at Paradero and Tumakay. This prompted the two to drive to the side of the road to seek cover.

Tumakay said he identified himself as a policeman, but Cuizon allegedly continued shooting at them, which forced him to open fire, hitting Cuizon on the abdomen.

One Manolito Arpajo who was parking his motorcycle at the area was also hit on the right arm.

Arpajo was taken to the Balamban District Hospital for treatment while Tumakay surrendered to the responding policeman of Balamban. He also turned over his caliber 9mm pistol with a magazine loaded with six live rounds, including his memorandum receipt, and PNP Identification card.

The Balamban police recovered five 9mm empty shells and five empty shells of .45 caliber from the crime scene.  (THE FREEMAN)