In a 28-page resolution dated Sept. 14, acting La Union prosecutor Ceilitolindo Luyun said the evidence submitted was insufficient to pin down Dumpit, his son Butch and daughter Tess Dumpit-Michelena, driver Armen Mato, police escort SPO1 Eduardo Banay, Renato Batoon, and Vice Mayor Clyde Crispino of Caba town.
Luyun considered the charges against them to be "bare allegations which were unsupported by any evidence that would warrant the existence of probable cause."
Dumpit and his son, a former military officer, were tagged as the masterminds of the killing.
Luyun also cleared Ares Mato, the confessed gunman, and Dominador Ali Rentuma, driver of the getaway motorcycle used in the gunslaying.
He said Mato’s affidavit of confession was "inadmissible" as evidence, while Rentuma’s sworn statement was "unworthy of credence."
"Thus, the complaints against all the respondents must perforce fail," he said.
Asperin’s widow, Ma. Libertine, 37, told The STAR that she and her family were badly hurt by Luyun’s decision, accusing the prosecutor of partiality.
Mrs. Asperin said Luyun proceeded to dismiss the charges against the Dumpits and the other respondents although they had requested him to inhibit from the case.
Luyun, according to her, denied the submission of vital evidence such as audio and videotapes, and told her that she could no longer expect another hearing after conducting only three hearings.
"We are very sad with the decision. From the very start, we had already observed partiality (on his part)," said Mrs. Asperin, an employee of the Commission on Elections in Agoo town.
She said her legal counsel, lawyer Leonard de Vera, will file a petition for review with the office of Justice Secretary Raul Gonzalez this week.
"Tuloy ang laban, hindi pa ito ang huli. Tuloy-tuloy hanggang makamit namin ang hustisya (Our fight continues; this is not the last. We will continue until we get justice)," she said.
The Asperins have five children aged 17 to five.
The Volunteers Against Crime and Corruption in the Ilocos region, headed by the regional coordinator Fr. German Cabillo, also protested Luyun’s resolution.
"We were hurt by the dismissal of the case. We strongly condemn the decision (of Luyun) because this is a clear miscarriage of justice," Cabillo said after he met with local VACC members last Saturday.
Luyun’s resolution was released a day before Mato’s brother Armen was gunned down inside Dumpit’s residence in Naguilian town supposedly following a verbal tussle with the lawmaker’s police escort, PO3 Raul Torres.
Torres escaped after the incident, while the Matos’ parents refused to file charges against him.