Gang member convicted in student’s shooting

CEBU, Philippines - Judge Gilbert Moises of Regional Trial Court Branch 18 convicted an alleged member of the Crips gang for killing his neighbor, a high school student, three years ago.

In his seven-page decision, Moises found sufficient evidence to hold the accused, Jeffrey Laspona, guilty beyond reasonable doubt of the crime of homicide.

“Analyzing the evidence carefully, he court found the testimony of Andrew Cadayona to be straightforward, candid and categorical. He saw how Jecko Kent Rosalita was shot because the latter fell in front of him. He positively identified the accused who shot the victim,” the decision read.

Moises sentenced the accused to eight years to 12 years in prison and also ordered him to pay P60,000 in damages to the family of the victim.

In his testimony, Cadayona said on Jan. 31, 2010 at about 3:35 a.m. while he was standing along F. Jaca Street, Cebu City near the San Roque Chapel with his family, he noticed Reggie Albarcin, James Cabigas, Junjun Andog and Laspona pass by him.

A few minutes later, he said he heard a gunshot and saw Albarcin pointing a gun at a certain “Macmac”, “Verson” and the victim.

He then he heard another gun burst and saw the victim fall down. He said he saw accused fire at the victim hitting his nape.

Carlito, the father of the victim, said he rushed his son to the hospital but the victim did not arrive there alive. He added the death of his son was a big loss to their family as the latter was only 19 years old then.

PO2 Gregorio Geramis of the Pardo Police Station said after receiving a shooting alarm they went to the area and were able to trace the suspect. They went to his house and arrested him. They reported finding a homemade caliber .357 cal. revolver with live rounds in his house.

For his defense, accused denied the accusation. He said he did not know why he was arrested by the police in his house.

With the foregoing evidences, Moises ruled in favor of the prosecution. He said the defense offered by the accused was a “complete denial and alibi.”

“His alibi cannot prevail over the positive declaration of prosecution witness Cadayona who saw him shoot the victim. Moreover, he failed to establish that it was impossible for him to be at the crime scene considering that the house where he was at that time was near the crime scene. Hence, the defense of alibi must fail,” the decision read.  (FREEMAN)