DAVAO CITY – Mayor Rodrigo Duterte said the killing of a tricycle driver by a police in Mintal here last February 23 was an overkill.

Police Officer 2 (PO2) Jozel Salgon Jorolan, 33, a member of the Davao City Police Office (DCPO)’s City Public Safety Company shot and killed Mario Israel Magno. The Scene of the Crime Operatives (SOCO) recovered 23 empty shells from Jorolan’s 9 mm service firearm.

Also recovered were one empty magazine, one loaded magazine with seven bullets and a deformed slug.
The victim sustained 19 gunshot wounds.

Witnesses said they saw Jorolan arrive near a bank and parked his motorcycle in front of a terminal in Mintal at around 7:45 pm.

The motorcycle fell to ground when Jorolan, who was then speaking with someone in his cell phone, was about five meters away.

Magno picked up the motorcycle to have it back into its position. But Jorolan thought the victim was stealing his motorcycle.

During his weekly program, Gikan sa Masa Para sa Masa, Duterte said even if the victim tried to steal the motorcycle, it is still unlawful to kill him.

Duterte said the facts presented “constitutes a murder charge.”

“It’s murder. The intent to kill is very clear,” Duterte said Sunday.

“It’s an overkill. And you can’t justify that it is in defense of a person or trying to protect a property. Besides the Supreme Court said you cannot kill a person if it’s just a matter of stealing your property because human lives are more valuable than a property,” Duterte said.

The Davao City Prosecution Office has already indicted the suspect for murder charges in a resolution dated February 25.

Duterte even doubted if Jorolan was drunk during the incident.

“Hubog ba ni? Hubog basta ingon ana, mamusil ka lang og tao nga ang imong motor natumba naay tao nitindog niini (Was he drunk? He’s drunk if you just shot a person who tries to put your motor back in its position),” Duterte said.

“Why do you have to shoot the guy? And that many times? There is something indicative of the mind,” Duterte said believing that the police officer was either insane or drunk.

Duterte also advised police and military officers not to drink in public.

Duterte said it is indecent to see military or police officers drinking in public, especially in their uniform.

“Bastos tan-awon. And the problem is kung naa sa gawas naay baril, gamayng bikil lang gani dili makontrol and kung intoxicated ka, chances are you get to be violent because magsalig ka sa pusil. It’s very easy to pull it out and shoot somebody there for no apparent or valid reason at all, (It’s rude to see. And the problem is if you are in public you have a gun. With a little conflict, you cannot control it when you are intoxicated. Chances are you get to be violent because you depend on having a gun),” he said.(davaotoday.com)

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