Ortiz guilty of shooting Choy

 Twenty-four-year-old John Lloyd Ortiz was yesterday sentenced to an imprisonment of eight to 12 years after he was found guilty beyond reasonable doubt for frustrated murder in the shooting and wounding of radioman Circe “Choy” Torralba almost four years ago.

Regional Trial Court-branch 12 Judge Estela Alma Singco rejected the defenses of Ortiz denying any involvement in the shooting of Torralba inside the latter’s car in front of a radio station at Don Jose Avila Street in June 8, 2004. Torralba however survived from multiple bullet wounds in the body. 

Despite Ortiz’ conviction, Judge Singco still allowed Ortiz to enjoy his temporary liberty pending on the resolution of his motion for reconsideration of the court’s decision.

“Nagool g’yod mi nga nakonbikto si John Lloyd nga wala man unta siya’y sala,” said the teary-eyed relatives of Ortiz when they were interviewed by The Freeman after the promulgation of the case.

Ortiz’ counsels Rolando Quimbo and Haide Acuna said they will ask for a reconsideration of the court’s decision, citing the testimony of Torralba that, immediately after the shooting, he was able to fire back with his revolver and even believed that he also hit his attacker. The absence of any scars or healed bullet wounds on Ortiz’ body already created a doubt on his being the attacker, the lawyers said.

During the trial of the case, Ortiz was ordered to stand up before the presiding judge and asked him to remove his polo shirt to show to the people inside the courtroom that he has no scars or healed wounds in his body.

Torralba, who arrived in court after the promulgation of the case, welcomed any moves of the defense over the decision of the court but he strongly believed it will not succeed.

It was RTC-7 branch 21 Judge Eric Menchavez who presided the trial of the case until after Torralba asked him to inhibit from handling the case because the latter believed that the judge is bias in favor of Ortiz.

Singco had succeeded handling the case only in the later part of the trial and rejected Ortiz’ claims that he was at SM City together with a friend at that time when Torralba was shot.

“For this defense to prosper, accused must prove not only that he was somewhere else when the crime was committed, but also that he could not have been physically present at the crime scene or even its immediate vicinity at the time of its commission,” the court ruling said.

The court give more credence to the positive identification made by Torralba and his witnesses against Ortiz as the lone gunman who fired shots hitting and nearly killed the radioman.   — Rene U. Borromeo/RAE