Pubdate: Fri, 13 Aug 2004 Source: Freeman, The (Philippines) Copyright: 2004 The Freeman Contact: http://www.mapinc.org/media/3437 Website: http://www.thefreeman.com Author: Joeberth M. Ocao Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine) Bookmark: http://www.mapinc.org/youth.htm (Youth) 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.