Cop charged in shooting six-year-old Gian Habal dismissed from service
Published Jun 15, 2019 04:08 pm
By Joseph Almer Pedrajas
The Caloocan police officer tagged in the shooting and killing of six-year-old Gian Habal in Caloocan City was dismissed from his post on Friday.
(Photo courtesy of Northern Police District / MANILA BULLETIN)
In a three-page decision from the Philippine National Police (PNP), Corporal Rocky Delos Reyes was found guilty of grave misconduct after it was found that “there is substantial evidence to establish his administrative liability” in the death of Habal and the injury of Elsa Montañez.
Also, he failed to present any evidence to disprove the alleged acts that constitute grave misconduct.
In April, Delos Reyes opened fire while he was reportedly chasing a wanted personality. His bullet hit Habal in the forehead, killing the boy instantly.
Montañez, on the other hand, sustained a gunshot wound in her left foot after Delos Reyes shot at her when she tried to stop him from escaping the incident.
According to police rule, "the police shall not use warning shots during police intervention operations" and "the use of firearm is justified if there is imminent danger.”
The decision, signed June 14 by regional police director Maj. Gen. Guillermo Eleazar, stated that Delos Reyes failed to show clear and convincing evidence that he performed his duty properly and thus there was no presumption of regularity in the incident.
"His reliance on regularity in the performance of duty is untenable and cannot be given due consideration," the document read.
" this office finds P/Cpl. Rocky Delos Reyes guilty of grave misconduct...and he is hereby meted the penalty of dismissal from the police service," the document furthered.
Set for trial
Meanwhile, Caloocan City Regional Trial Court (RTC) Branch 128 Judge Eleanor Kwong has set Delos Reyes for trial on June 17 after finding probable cause.
Based on ballistic results, the two shell casings and the deformed slug recovered from the crime scene matched those taken from the .45 caliber Shooters Elite pistol surrendered by Delos Reyes.
Kwong also denied the request of Delos Reyes to continue his detention at the PNP Custodial Center for lack of merit, but rather transferred him to the Valenzuela City Jail.
Earlier, Delos Reyes filed a motion for continued commitment at the PNP Custodial Center. A document stated that, if he would be detained at the Caloocan City Jail, he might be coerced, threatened or compelled to testify in favor of the inmates there who he arrested during his service as a police.
Delos Reyes is facing murder and attempted murder cases. He is also charged with violations of the firearms and ammunition law and the omnibus election gunban.
(Photo courtesy of Northern Police District / MANILA BULLETIN)
In a three-page decision from the Philippine National Police (PNP), Corporal Rocky Delos Reyes was found guilty of grave misconduct after it was found that “there is substantial evidence to establish his administrative liability” in the death of Habal and the injury of Elsa Montañez.
Also, he failed to present any evidence to disprove the alleged acts that constitute grave misconduct.
In April, Delos Reyes opened fire while he was reportedly chasing a wanted personality. His bullet hit Habal in the forehead, killing the boy instantly.
Montañez, on the other hand, sustained a gunshot wound in her left foot after Delos Reyes shot at her when she tried to stop him from escaping the incident.
According to police rule, "the police shall not use warning shots during police intervention operations" and "the use of firearm is justified if there is imminent danger.”
The decision, signed June 14 by regional police director Maj. Gen. Guillermo Eleazar, stated that Delos Reyes failed to show clear and convincing evidence that he performed his duty properly and thus there was no presumption of regularity in the incident.
"His reliance on regularity in the performance of duty is untenable and cannot be given due consideration," the document read.
" this office finds P/Cpl. Rocky Delos Reyes guilty of grave misconduct...and he is hereby meted the penalty of dismissal from the police service," the document furthered.
Set for trial
Meanwhile, Caloocan City Regional Trial Court (RTC) Branch 128 Judge Eleanor Kwong has set Delos Reyes for trial on June 17 after finding probable cause.
Based on ballistic results, the two shell casings and the deformed slug recovered from the crime scene matched those taken from the .45 caliber Shooters Elite pistol surrendered by Delos Reyes.
Kwong also denied the request of Delos Reyes to continue his detention at the PNP Custodial Center for lack of merit, but rather transferred him to the Valenzuela City Jail.
Earlier, Delos Reyes filed a motion for continued commitment at the PNP Custodial Center. A document stated that, if he would be detained at the Caloocan City Jail, he might be coerced, threatened or compelled to testify in favor of the inmates there who he arrested during his service as a police.
Delos Reyes is facing murder and attempted murder cases. He is also charged with violations of the firearms and ammunition law and the omnibus election gunban.