Chief Inspector Juanito Taluban said they decided to push through with the filing of a homicide case against Police Officer 2 Leslie Bautista of the WPD’s District Police Intelligence Unit (DPIU) following a complaint lodged by Macaldo’s relatives.
Macaldo had been arrested for the killing of former Manila councilor Chika Go last August. Police claimed Macaldo tried to grab the gun of one of his escorts.
"We always have to presume that there was regularity. However, Macaldo’s relatives have lodged a complaint claiming otherwise. This is why we will file the charge," said Taluban.
He said that they are still waiting for Macaldo’s death certificate before filing the homicide case against Bautista with the Manila City Prosecutor’s Office.
"Based on the report (of the escort team), there was nothing irregular about the incident since Macaldo was shot while in the act of grabbing the gun of one of his escorts. But we were not there. They have to justify their actions before the fiscal, especially now that the (Macaldo’s) family has filed a complaint," Taluban said.
He said a security guard, who claims to have seen the gun-grabbing incident, as well as the two other police escorts, PO2 Jonathan Ruiz and Senior Police Officer 2 Mario Mateo, could serve as witnesses in Bautista’s defense.
"At the moment, we would still have to look for a witness who can contradict the presumed regularity of the incident," Taluban said.
Earlier, Macaldo’s grieving mother, Rosita, 56, insisted that her son was silenced after being tortured by the police to admit killing Go last Aug. 10 in Binondo, Manila.
In a report, Bautista, Ruiz and Mateo claimed that the handcuffed Macaldo was shot in the jaw after he allegedly tried to grab the gun of Ruiz inside an owner-type jeep on Romualdez Street in Manila. They were on their way to attend a court hearing at the Metropolitan Trial Court in Manila.
Prior to the gun-grabbing incident, two men riding tandem on a motorcycle fired at the jeep carrying Macaldo and his three escorts. While the two motorcycle men were firing at the jeep, Macaldo allegedly made the grab for the gun and was shot. He died while being treated at the Ospital ng Maynila.
Earlier, probers of the WPD homicide section said they are still determining whether the motorcycle-riding men who opened fire at the jeep were Macaldo’s rescuers or executioners.
"Macaldo is a suspect in numerous murder cases. There are different parties interested to get him," Taluban said.
WPD chief Senior Superintendent Pedro Bulaong had also designated Superintendent George Gaddi, chief of the district intelligence division, to head a fact-finding team to look into the incident.