The La Carlota City Prosecutor has approved the filing of murder charges against Police Officer 1 Jackie Aizpuro and five others, for the death of Police Officer 2 Jan Gallenero Jr. on January 27 in La Carlota City.

Assistant City Prosecutor Mariedith Calsena-Mariano, however, dismissed similar charges against PO1 Randy Gelboria, who is assigned at the Bacolod City Police Office, and passenger jeepney driver Romel Coray in the absence of probable cause.

Gallenero, who was among the three police officers gunned down in January and February in Negros Occidental, succumbed to multiple gunshot wounds, inflicted by the suspects, who fled on board a gray Mitsubishi Adventure vehicle, based on police investigations showed.

The police later learnedthat the getaway vehicle was rented from the Meca J by Aizpuro, Gelboria and Coray, who presented their police identification cards, and a driver license to the rent-a-car company.

Aizpuro, Gelboria and Coray vehemently denied involvement in the killing of Gallenero, an intelligence operative of the La Carlota City Police Station, who was actively involved in the anti-drug campaign.

Gelboria, who was represented by his counsel, William Mirano, and Coray claimed that they only accompanied Aizpuro in renting the vehicle.

Aizpuro maintained that he rented the Mitsubishi Adventure from Meca-J for the purpose of providing a service vehicle to a certain “Boy B”, whom they were supposed to fetch at the Bacolod-Silay airport.

Gelboria claimed that he was having dinner with his brother, PO1 Rodel Gelboria, Marjon Pabalate and Herman Subo, at the Ceneco substation in Brgy, Mandalagan, Bacolod City, when Gallenero was killed, court records show. His statement was corroborated by PO1 Rodel, Pabalate and Subo.

Coray, on the other hand, said he only accompanied the two police officers as they needed his driver's license, in renting the vehicle. He resumed his work later as jeepney driver, after given P200 by Aizpuro. The allegation of Coray was corroborated by his fellow jeepney drivers, Urbano Dino and Joy Pastor.

On the other hand, Aizpuro said there is no probable cause to warrant the filing of murder charges against him, and his two other co-respondents because of the absence of positive identification of the assailants of Gallenero, that the alleged getaway vehicle did not have a visible plate number, while the Mitsubish Adventure he rented had a visible plate number.

He also said it would be absurd for him to use the rented vehicle as the get-away car because he had disclosed his identity fully at Meca-J and hat the weapon used in shooting Gallenero was an M16 armalite rifle and that the result on paraffin test on him yielded a negative result, among others.

In her resolution dated April 27, which was approved by City Prosecutor Victor Tanoso, Mariano, said that, after a careful evaluation of the evidence, she finds probable cause that the crime of murder had been committed by Aizpuro.

In her affidavit, complainant Leonesa Gallenero, wife of the slain police officer told the court that her husband was confronted and threatened by Aizpuro on Jan. 26, whom she quoted as having said “ Unahay lang ta”.

The complainant also submitted messages extracted from the cellular phone of her husband showing animosity between him and Aizpuro, whose escape from NOPPO custody was considered an indication of guilt.

As for Gelboria and Coray, Mariano said she also finds “insufficient evidence” for the finding of probable cause that they are likewise guilty of the crime of murder.

Based on the evidence, she also said that it was not established that Gelboria and Coray had any knowledge of the commission of the crime,nor they have any motive for the killing of Gallenero

Mariano also noted inconsistencies in the counter-affidavit of Aizpuro, whose defense is rooted on alibi.

Aizpuro was dropped from the PNP rolls on Feb. 16 after he escaped from the custody of the Negros Occidental Police Provincial Office, court records also showed.* GPB

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