Former crime volunteer's killing: Policeman says he shot victim in self defense

CEBU, Philippines – The police officer who shot a former member of the Civilian Volunteer Organization claimed in his counter-affidavit he was forced to do it in self defense.

"I could not be held liable for murder, not even for homicide as my action is clearly in defense of strangers and in self-defense as I myself then became the target of his attack," said PO3 Artemio Tumakay, Jr.

Tumakay, 50, a member of the Bogo Police Station's Criminal Investigation and Detection Team said that he don't have any intention to kill Agapito Cuizon, saying he was not his enemy and he hadn't any quarrel with him.

"I have no intention of killing Agapito. I was forced to stand on the ground when Agapito continued shooting on me though I have already identified myself as a police officer. I was only acting in defense of strangers and in self-defense as well. I humbly believe my act in shooting Agapito is within the bounds of law."

Tumakay also claimed his statement was duly supported by the findings of the Scene of the Crime Operation (SOCO), the affidavit of Manolito Artajo, the alleged other victim of Agapito's alleged shooting rampage.

Earlier, the police officer claimed the incident happened while he and a certain Dennis Paradero were traveling along the road in Barangay Cantu-od, Balamban on board a motorcycle. Agapito, his wife, Epifania and their child were also on board another motorcycle traveling towards opposite direction.

Tumakay said a few meters away after passing by the vehicle of the Agapitos, Paradero allegedly told him the latter stopped and saw Agapito disembarked from the vehicle. Paradero said he then heard a shout from the woman saying "Ayaw lagi pamusil!" and then he heard a loud gunfire.

When Tumakay looked back, he allegedly saw Agapito at the middle of the road standing beside his motorcycle and pointing a gun towards them.

The policeman added they disembarked from their motorcycle and took cover. He then shouted and identified himself as police officer but before he finished identify-ing himself, he heard a gun burst and the bullet hit the tree where he took cover.

Tumakay said Agapito fired his gun successively prompting him to fire a warning shot and pulled his PNP ID, to calm down Agapito. He claimed he told Agapito to drop his weapon and surrender, but latter did not heed which lead him to fire again at Agapito and hit him.

"As Agapito was hit, he became more aggressive and like a wounded desperate lion, he started shooting even at the innocent passersby and in fact hit Manolito Artajo," the policeman said.

In his affidavit, Paradero corroborated Tumakay's statement, saying it was Agapito who fired at them first.

Epifania filed the case of murder against Tumakay before the Provincial Prosecutor's Office on Monday. (FREEMAN)