Authorities to check Jemboy’s autopsy, eye upgrading raps vs. cops to murder

The Philippine National Police (PNP) on Monday said authorities will check the result of Jemboy Baltazar’s autopsy to determine if the complaint filed against the involved cops should be upgraded to murder.

In an ambush interview, PNP spokesperson Police Colonel Jean Fajardo said Navotas City Police personnel visited forensic pathologist Dr. Raquel Fortun to obtain a copy of the autopsy report she did on Jemboy’s body.

Fajardo said the prosecutor asked for a copy of the autopsy result to determine if the initial complaint filed against the police personnel, which is reckless imprudence resulting to homicide, should be amended to murder.

“That  will be an additional basis po on the part ng prosecutor for the determination whether yung unang pong naisampang kaso po na reckless imprudence resulting to homicide ay puwede pong i-akyat sa murder case,” Fajardo said.

(That  will be an additional basis on the part ng prosecutor for the determination whether the first complaint, reckless imprudence resulting to homicide, can be escalated to  murder.)

Fortun on Saturday said autopsy results revealed that Jemboy also had a gunshot wound on his right hand, indicating that he tried to defend himself.

The autopsy found that Jemboy was hit twice, on the head with an entry wound behind the ear and an exit wound on the nose, while the other shot hit him on the right hand.

“‘Yung kamay, because of the location, this is what we call a defense-type injury. And I heard accounts that he held his hands up in surrender, and that is a defensive stance,” Fortun said.

According to his death certificate, Jemboy’s cause of death was a gunshot wound to the head, as well as asphyxia from drowning.

But Fortun said had Jemboy not fallen on the river following the shooting incident, he could have been rescued.

Interior and Local Government Secretary Benhur Abalos ordered the PNP to check the development on the incident that could change the complaint.

“Ang Department of Justice o prosecutor ang magde-determine nito bandang huli if it's really murder or not murder. On our end , nasabi ko na kanina na imbestigahan itong mabuti in the light of new developments na nakikita ko,” he said during a press conference on Monday.

(The Department of Justice or the prosecutor will determine in the end if it’s really murder or not murder. On our end, I already told the PNP that it should be investigated thoroughly in the light of new developments.)

Shooting incident

On August 2, Jemboy was aboard a small vessel and on his way to go fishing when he was shot and killed by Navotas City cops in Barangay NBBS Kaunlaran.

A friend who was with him said they were preparing their boat when a policeman ordered them to get off.

They reportedly tried to give themselves up but the cops allegedly kept on shooting.

It was at this point that Baltazar dove into the water.

Some of the six policemen said in their affidavits that they fired shots only at the water and that they did not intend to hit the teenager.

Due to the incident, Abaloss said he ordered the PNP to review its operational procedures and policy on command responsibility.

Abalos said he discussed with the PNP about the possibility of giving the chief PNP more flexibility in relieving erring personnel.

"Hindi tayo limited dito. There is a wide latitude for the chief PNP. Kung nakikita niyang talagang yung ginawa ay sobra. He could, hindi na niya kailangn hantayain 'to, puwede na gad niya tanggalin. We will give this discretion to the Chief PNP. At yun ang napag-usapan namin,” he said.

"Hindi tayo limited dito. There is a wide latitude for the Chief PNP. Kung nakikita niyang talagang yung ginawa ay sobra. He could…puwede na agad niyang tanggalin. We will give this discretion to the Chief PNP. At yun ang napag-usapan namin,”

(We are not limited by this policy. There is a wide latitude for the Chief PNP. If he sees that the misdeed is serious. He could relieve an officer immediately.  We will give this discretion to the Chief PNP. That is what we discussed.) — RSJ, GMA Integrated News