MANILA, Philippines — The National Bureau of Investigation (NBI) yesterday filed criminal charges against two policemen and four police trainees for the death of retired Army soldier Winston Ragos at a quarantine checkpoint in Quezon City last April.
The complaint for murder and perjury was filed by the NBI Death Investigation Division before the city prosecutor’s office against M/Sgt. Daniel Florendo Jr. along with police trainees Joy Flaviano, Arnel Fontillas Jr., Dante Fronda and Dalejes Gaciles.
A separate case of planting of evidence was lodged against Florendo and S/Sgt. Hector Besas.
In finding them liable for murder, NBI probers said Florendo pointed his firearm and shot Ragos even though the former Army corporal was offering his hand to surrender.
Witnesses said Ragos was unarmed. The police officers were also informed that he was suffering from post-traumatic stress disorder.
The NBI said Florendo violated police operational procedures, committed treachery and abused his superior strength, which are qualfifying circumstances for murder, when he fired two shots at Ragos.
“There were five of them against one. Although Florendo was the only armed officer in the group, the police trainees participated by clearing the area and preventing the people from helping Ragos to ensure the execution of their pre-determined decision to kill him,” the NBI said in its complaint.
Witnesses told the NBI they saw Florendo cocking his firearm and pointing it at Ragos.
They said that when Florendo pointed the gun at Ragos, the retired soldier had turned his back on the police officers, raised his arms in surrender and volunteered to be handcuffed.
A witness shouted at Florendo as he approached the victim: “Huwag po sir, may mental disorder iyan.”
The policeman reportedly replied, “Wala kaming pakialam, kahit 9-6 pa yan, papatayin namin yan!”
“It is clear in the closed-circuit television footage that no accosting took place. Florendo immediately drew his gun, cocked it then pointed it at Ragos as he approached the victim,” the NBI said.
In another video, Ragos asked the police, “Ano bang problema niyo sa akin?” Florendo replied, “Mamaya bibigyan ka namin ng problema.”
Quezon City police probers said they recovered a Smith and Wesson .38-caliber handgun in the sling bag of Ragos.
His family said the gun was planted by the police.
The Quezon City Police District has filed homicide charges against Florendo, downgrading it from murder.