Consultant charged for spray incident

CEBU, Philippines - A former United States police officer who does volunteer work for the city government was charged before the court for child abuse after he allegedly used pepper spray on an eight-year-old girl on January 1, 2009.

The Cebu City Prosecutor’s Office indicted Bingen Mendezona for alleged violation of Republic Act 7610 or the Anti- child abuse law yesterday and recommended a P6,000 bail for his temporary liberty.

Mendezona conducts trainings for members of the city police force.

The case against Mendezona stemmed from the complaint filed by spouses Mary Gladys and Eric Uy on behalf of their eight-year-old daughter. The complainants claimed the accused used a can of pepper spray on them including their daughter during a confrontation over a traffic problem at 3am on January 1, 2009.

The incident reportedly started when the complainants were traveling on board their vehicle from their father’s house back to their residence at Maria Luisa Subdivision. They were reportedly traversing the Banilad flyover when they noticed a black Toyota Fortuner using a siren and blowing its horn persistently behind them.

The Uy couple said they could not move fast at that time because in front of them was a police car, which was also traveling at slow speed.

They said the black Fortuner eventually passed by them, but it turned out it waited for them and blocked the gate of Maria Luisa Subdivision with Mendezona’s wife, Annette, allegedly shouting angrily at the complainants.

Mary Gladys said she went out of their car to verify the situation, but Annette allegedly grabbed her, which prompted her to also hold on to Annette. 

It was during this time when Mendezona reportedly intervened and allegedly pulled Mary Gladys and hurled her to the ground.

When Eric tried to rescue his wife, Mendezona allegedly pulled out a can of pepper spray and used it on him and on the other people around, including his eight-year-old child.

Mendezona, in his counter-affidavit, admitted having used the pepper spray, but said it was the “least force” he could use to rescue his wife from Mary Gladys.

Mendezona claimed he was forced to use the pepper spray on Eric and one Richard Go because they reportedly appeared to be attacking him. He, however, denied using it on the child.

Despite his denial, however, Assistant City Prosecutor Mario Edgardo Montenegro found probable cause to indict Mendezona into the case because of the medical certificate presented by the complainants, which stipulated that the child had suffered post traumatic stress disorder following the incident. 

Aside from the child abuse charge against Mendozona, Montenegro also found probable cause to charge Mendezona and his wife with slight physical injury and unjust vexation before the Municipal Trial Court in Cities. — Fred P. Languido/JMO (THE FREEMAN)