Councilman Lemuel Aguante Tundag reported the incident to the Asturias Police, then turned over the .45-caliber pistol and the apprehended motorboat and fishermen.
The wounded fisherman, Amado Español Sr., of barangay Pondol, Balamban town, had gunshot wounds in his right leg and in his abdomen, and was taken to the Balamban District Hospital, in the company of his son Amado Jr.
The other fishermen arrested and put in custody of the Asturias Police Station, pending the filing of charges were: Ernie delos Reyes Tango-an, 40, of barangay Awihao in Toledo City, Henrito Purisima Mahinay, 28, of barangay Matab-ang in Toledo City, Carmelo Algabre Adolfo, 20, of barangay Pandacan in Pinamungajan town, and Ciriaco Forbitso Rodimo, 36, of barangay Tajao, also in Pinamungajan.
Investigations of the incident showed that Tundag was with a team of Bantay Dagat members, led by Concordio Caro, on a sea patrol to check a report of illegal fishing in the area.
Tundag and the Bantay Dagat team spotted a motorboat, with five fishermen on board, allegedly using a compressor in catching fish in violation of national and local laws.
Republic Act 8550 and a local law have banned the use of compressor as breathing apparatus of fisherman in all fishing activities, within a particular radius of a local government's jurisdiction.
Tundag and the Bantay Dagat members approached the motorboat to apprehend the fishing crew but when it tried to leave the area to escape, Tundag fired a warning shot into the air.
Tundag said he saw one of the crew attempted to draw a weapon, prompting him to shoot twice the man, who turned out to be Amado Sr. - Gregg M. Rubio