By Dominique Gabriel G. Bañaga

After the City Prosecutor’s Office found no probable cause and dismissed the case against the suspects in the JDS Mindoro Enterprise Corp. robbery-murder that occurred on Christmas day last year, Police Station 1 (PS1) recently filed a motion for reconsideration.
According to PS1 commander, Police Senior Inspector Eugene Tolentino, the preliminary investigation should not be a determinant of probable cause and, instead, should be distinguished from “proof beyond reasonable doubt.”
He also believes there were “reversible errors,” or an error that would warrant a reversal of judgment, in terms of the evaluation of evidence presented.
In determining a decision, Senior Assistant City Prosecutor Maria Theresa Ditching took into account the death of star witness Byron Baccaro, who, prior to his death, said he was planning to retract statements made in his affidavits that pointed at former police officers Jayson Sumalangcay and Marlon Famucol as the primary suspects in the robbery.
Her decision noted, in terms of the initial affidavit, “[The] affidavit had already lost its credibility and probative value when evidence was likewise shown that he made a statement on another occasion.”
According to Ditching, “Considering that the evidence presented, standing alone without the material and lone eyewitness to testify on the subject incident as well as to establish the positive identification of the respondents in this case, the same is found to be wanting and insufficient to establish probable cause.”
Charges of robbery with homicide, murder, and frustrated murder had initially been lodged against Sumalangcay, Famucol, and three “John Does” back on January 17 of this year.
JDS owner Changle Wu and security guard Jilbert Mayang were both murdered in the December 2016 incident. Wu’s business partners Wei Quang Huang, Yuan Long Huang, and Zhang Xiao Dong also suffered injuries./WDJ