Bank guard convicted
March 15, 2001 | 12:00am
Metal-lined safety shoes proved to be a deadly weapon for a bank security guard who kicked to death a welder after they reportedly blew their top during a card game in San Andres Bukid, Manila, four years ago.
Federico Lagrio was found guilty of homicide by a Manila court for the killing of welder Antonio Sedon on April 9, 1997 and was sentenced to 17 years in prison and to pay indemnity to his victims heirs in the sum of P80,000.
Manila Judge Zenaida Daguna junked the claim of self-defense of Lagrio and gave credence to the testimony of a bystander who witnessed the unabated kicking of a fallen Sedon by the accused.
In her decision, Judge Daguna said that, "While the act of the of the victim of boxing the accused when the latter opted to quit the fight was unlawful aggression on the part of the victim, it is not sufficient to provoke the accused into mauling the victim to the extent of sending him crashing to the pavement and causing death."
"Presence of a large number of wounds on the part of the victim negates self-defense and instead indicate a determined effort to kill the victim," added the Judge.
A witness, the son of the victim, saw the repeated kicking of the accused on the victim and came to the rescue, but stopped when the accused drew a knife. Sedons son grabbed a piece of wood and hit the accused, who then fled.
It was, however, the testimony of an independent witness, a resident of the neighborhood, that was given weight by the court. Jose Aravilla
Federico Lagrio was found guilty of homicide by a Manila court for the killing of welder Antonio Sedon on April 9, 1997 and was sentenced to 17 years in prison and to pay indemnity to his victims heirs in the sum of P80,000.
Manila Judge Zenaida Daguna junked the claim of self-defense of Lagrio and gave credence to the testimony of a bystander who witnessed the unabated kicking of a fallen Sedon by the accused.
In her decision, Judge Daguna said that, "While the act of the of the victim of boxing the accused when the latter opted to quit the fight was unlawful aggression on the part of the victim, it is not sufficient to provoke the accused into mauling the victim to the extent of sending him crashing to the pavement and causing death."
"Presence of a large number of wounds on the part of the victim negates self-defense and instead indicate a determined effort to kill the victim," added the Judge.
A witness, the son of the victim, saw the repeated kicking of the accused on the victim and came to the rescue, but stopped when the accused drew a knife. Sedons son grabbed a piece of wood and hit the accused, who then fled.
It was, however, the testimony of an independent witness, a resident of the neighborhood, that was given weight by the court. Jose Aravilla
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