NBI FILES RAPS VS COP WHO SHOT 15-YR.-OLD

THE National Bureau of Investigation has filed charges with the
Ombudsman against PO1 Christopher Gabunada, the policeman who said to
have accidentally shot a 15-year-old alleged drug pusher last month.

The NBI recommended that Gabunada be criminally prosecuted for
frustrated murder in relation to Republic Act 7610 or the Special
Protection of Children Against Child Abuse, Exploitation and
Discrimination Act and be administratively probed for gross misconduct.

Gabunada allegedly accidentally shot the boy when the latter
reportedly tried to grapple with the policeman's firearm in order to
evade arrest. Gabunada had alleged he tried to apprehend the boy when
the boy offered him shabu.

The incident happened in barangay Tisa, Cebu where Gabunada went to
allegedly conduct a follow-up on his stolen VCD. The child was
accidentally hit when he allegedly tried to grapple with Gabunada's
firearm when Gabunada introduced himself as a policeman and wanted to
arrest the child.

But the boy said that when he told Gabunada that he had nothing to do
with his lost VCD, Gabunada allegedly held him, which prompted him to
struggle. With him struggling, Gabunada allegedly shot him. The NBI
believes Gabunada allegedly abused his authority in using unnecessary
force when he drew his firearm purportedly to arrest the boy.

"He disregarded the rule that requires him to refrain from subjecting
the juvenile to greater restraint that is necessary for apprehension
and to avoid displaying or using any firearm, weapon or instruments of
force or restraint, unless absolutely necessary and only after all
other methods of control have been exhausted and have failed," the NBI
said.

The NBI said that while the child was in conflict with the law, his
rights as a minor should not have been violated. Records also
disclosed that Gabunada have once been charged with slight physical
injuries or maltreatment with the Municipal Trial Court in Mandaue
City.

Three days ago, the Regional Trial Court released the child from
detention and placed him under the custody of his parents after
Gabunada charged him for resisting arrest and for possession of shabu.

Judge Olegario Sarmiento of RTC Branch 24 also ordered the public
prosecutors to comment on the boy's lawyer for his case to be remanded
to the prosecutor's office for reinvestigaton.

The boy's 13-year-old sister and a barbeque vendor in the area of the
incident have executed affidavits, saying they did not see anything
unconventional that occurred prior to the time PO1 Christopher
Gabunada said to have accidentally shot him.

The two witnesses said Gabunada allegedly just placed her hand on the
boy's shoulder, which prompted the boy to wiggle away. A few seconds
after, they reportedly heard a shot and the boy screaming for his
mother. They then realized it was the boy that was hit.