Staff Sgt. Gerry Maliban, one of the six suspects involved in the killing of 17-year-old Jerhode “Jemboy” Baltazar told a Senate panel on Tuesday, Aug. 29, that while he was the first to fire, he said that he "heard a gunshot" first.
During a hearing of the Senate Committee on Public Order and Dangerous Drugs, chaired by Sen. Ronald “Bato” dela Rosa, Maliban said that he only fired as an act of self-preservation since he heard a gunshot first which he could identify where it came from. After hearing this, Maliban said he returned fire toward the water.
"Nung nandoon po ako sa area, may narinig po akong putok (When I was in the area, I heard a gunshot," Maliban said.
"Nagpaputok ako sa tubig para malaman ng target na may pulis na nandoon (I shot at the water so the target will know that there were cops there)," he explained.
The target of the follow-up operation was a certain Reynaldo Bolivar, and Maliban said that they had received information that the suspect was armed and dangerous.
Dela Rosa, on the other hand, said that a normal reaction would be to duck and look for cover and not shoot at the water.
Maliban made the statement after Sen. Risa Hontiveros showed a photo, which according to Staff Sgt. Antonio Bugayong Jr. was the aftermath of the shooting incident. The photo showed policemen in uniform and one in plain clothes, later identified as Maliban, standing on top of a dike.
Northern Police District (NPD) Director Police Brig. Gen. Rizalito Gapas disclosed that four firearms tested positive for the ballistic examination. These were the firearms of Police Corporal Edmark Jake Blanco, Police Executive Master Sgt. Roberto Balais, Patrolman Benedict Mangada, and Police Staff Sergeant Nikko Pines Esquillon.
Yet, based on the findings of the Scene of the Crime Operatives (SOCO) according to Police Capt. Sonny Boy Tepace, the gun used by Maliban who fired first among the police operatives, tested negative from the ballistics examination.
SOCO said that there's a possibility that the gun may have been cleaned prior to submission.
Meanwhile, Balais and Esquillon are both from the Special Weapons and Tactics (SWAT) Team. Both of them fired at the river as well. Police Capt. Luisito dela Cruz, who led the SWAT Team, said that their team was supposed to act as back-up security. He said he did not expect the two to shoot.
Balais said that his shot was to cover Maliban who he thought was exchanging fire. Mangada said he also fired once saying that it was a "judgment call". Mangada, who was on the other side of the river, said that he fired to alert the other men that someone might get hit.
Police Cpl. Edmark Jake Blanco, who was riding with Police Capt. Mark Joseph Carpio, said he fired once as a warning shot at the water in an attempt to make the suspect surrender as he thought that his team was under fire.
Maliban was cited in contempt along with Police Capt. Mark Joseph Carpio on Aug. 22 after the senators found the two to be evasive when asked if it was true that Baltazar’s killing was a case of “mistaken identity".
For the next hearing, Hontiveros said that Baltazar’s companion, Sonny Boy, has agreed to appear to shed light on the incident.