Tanod dies, cop hurt while serving warrant

A barangay tanod died while a policeman was wounded when the serving of a warrant of arrest went awry in Barangay Basak-San Nicolas early yesterday morning. Now there are two versions of the story.

As a result of this, Regional Police Director Eduardo Gador ordered an investigation to make sure there were no procedural lapses that were committed.

The call for investigation also came after allegations cropped up that PO1 Crisostomo Bayato Jr. and barangay tanod Mario Daclan failed to properly identify themselves when serving the arrest warrant and even allegedly tried to extort money from the subject - Sodum Gonzales.

Daclan died at the Cebu City Medical Center because of gunshot wounds on his head and abdomen while Bayato, who is assigned to the Regional Intelligence and Investigation Division, is recuperating from wounds sustained on the different parts of body.

They were reportedly serving a warrant of arrest for illegal possession of firearms issued by Judge Maximo Perez against Gonzales, but the latter allegedly resisted and shot at the law enforcers.

It was learned from the initial investigation of the Homicide Section that Bayato along with Daclan went to the residence of Gonzales at 3:30 am yesterday to serve the warrant.

Bayato told Homicide Investigator Alex Dacua that they saw Gonzales standing outside his house when they arrived, so they immediately tried to serve the warrant. When the policeman told Gonzales that he was under arrest, the latter reportedly resisted then fired at the law enforcers using a 9 mm pistol, which, according to Bayato, Gonzales had tucked on his back.

The wounded policeman was however able to recover a .45 caliber pistol, while Gonzales reportedly ran into his house.

The people who witnessed the incident rushed the policeman and tanod to the hospital. It was at CCMC where Bayato turned over a .45 caliber paltik pistol, an empty magazine for the said gun, seven live ammunition of a .45 pistol, his service 9 mm pistol, including the magazine and 12 live ammunition, and a copy of the warrant.

The suspect however has another version of the story, which he revealed after he surrendered to former city councilor George Rama and turned over a 9 mm pistol and an empty magazine and also a toy gun.

Gonzales said that the two law enforcers approached him and asked where Tagonol is located, because they reportedly came from Negros and do not know the place very well.

When given directions, Bayato allegedly asked if Gonzales happened to know Mario Daclan, but Gonzales replied he did not.

Bayato then reportedly told Gonzales that the supposed meeting with a man in Tagonol was cancelled. He then asked the suspect instead if he was interested in buying a .45 caliber pistol?

Out curiosity, Gonzales then opened the gate of his residence to take a closer look at the gun, but it was at this junction when Bayato and Daclan reportedly told him that he was under arrest.

Gonzales said that Daclan and Bayato never introduced themselves when they served the warrant and that they even asked him to pay P45,000 so that he would not be arrested.

Gonzales said that he told the two he did not have such amount and that he could only afford P500, Daclan and Bayato allegedly mauled him in front of his wife and two maids.

It was during an ensuing scuffle that, Gonzales said, he was able to grapple for possession of the 9-mm pistol of Bayato that was what he used in shooting the two law enforcers.

Gonzales is jobless and said they only depend on the monthly allowance given to them by his mother-in-law, who works as nurse abroad.

Due to these allegations raised by Gonzales, Gador ordered RIID Chief Augusto Marquez to conduct a separate investigation that would probe on the procedural aspect of the implementation of the warrant.

" We will wait for the statement of the policeman. But apilon gyud na nato ron og tan-aw ang procedural aspect ilabi na nga naa nang maong mga allegations," Gador told the Freeman.

But Marquez, in an interview with the Freeman last night, described the statements of Gonzales as " a desperate attempt to justify trying to kill a policeman."

Marquez said he could vouch for the record of Bayato because he personally chose him from the many policemen assigned at the Regional Mobile Group before. - Ryan P. Borinaga