Frustrated homicide raps filed against cop

Two counts of frustrated homicide and physical injuries were filed by the Cebu City Police Office yesterday against Regional Intelligence Office policeman PO1 Luther Lapinig for injuring two civilians while he allegedly shot it out with another policeman in barangay Pahina-San Nicolas last Sunday morning.

City police chief Patrocinio Comendador told reporters that it was the relatives of Rowel Abarri and Dario Encarnacion who decided to file the charges against Lapinig while brothers Leo and Jeanne Nanoy also accused him of physical injuries as conspirator and accessory to the crime along with his brother Donald and cousin Reynan Espiritu.

Abarri was shot in the forehead with the bullet exiting through the back of his head. He is still in critical condition at the South General Hospital.  Encarnacion was hit in the right side of the nose.

Witnesses said Lapinig hit the victims while shooting it out with Carbon policeman PO3 Inocencio Lumayag.

Lumayag and Lapinig shot it out after they did not recognize each other as policemen as they were both in civilian attire at that time, each accused the other of shooting first.

According to the witnesses, Donald called Lapinig, and reported that he was slapped by the Nanoy brothers.

Lapinig came, but instead of arresting the brothers, he watched by the side as Donald mauled them with the aid of Espiritu.

Neighbors then alerted Lumayag, who was opening his store nearby, about an armed man.

He went to the scene and asked the armed Lapinig to raise his hands but the latter reportedly did not listen and instead opened fire at him.

Both policemen have undergone a paraffin test and their issued firearms were subjected to ballistic examination to determine exactly who shot the victims.

As the incident involves a policeman discharging firearms, Comendador said the Regional Internal Affairs Service-7 has the exclusive jurisdiction to conduct an investigation.

It was not yet clear if PO1 Lapinig will be filing counter-charges against Lumayag, but Comendador said it is up to RIAS-7 to determine who violated the rules of engagement.  —Edwin Ian Melecio/BRP