The National Bureau of Investigation (NBI) also filed before the Department of Justice (DOJ) on Thursday criminal complaints against the police officers involved in the death of 17-year old Kian Loyd Delos Santos.

A complaint for murder, violation of Domicile under Article 128 of the Revised Penal Code and Section 29 of the Comprehensive Dangerous Drugs Act or planting of evidence have been filed against Chief Inspector Amor Cerillo, Police Officer 3 Arnel Oares, PO1 Jeremias Tolete Pereda and Jerwin Roque Cruz.

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The NBI said contrary to the claim of the police officers that Kian fought it out with the police, evidence showed that Kian was shot to the head — behind the left ear and inside the left ear when he was in a fetal position.

“Police protocol mandates that any police officer making an arrest should immediately search the arrested individual for any dangerous weapons or prohibited items and afterwards bring the arrested individual at the police station for proper filing of the case,” the NBI said.

However, on Kian’s case, the NBI said “PO3 Arnel Oares and his cohorts accosted victim and afterwards dragged him towards Tullahan River and shot him without mercy.”

The NBI said Kian was killed in the area opposite the police station “which proves that they [police] have no intention in bringing victim to their police office.”

Ballistic examination conducted by the Philippine National Police (PNP) Crime Laboratory showed that a 9mm that was found in the crime scene has the same characteristic as that of the 9mm pistol issued to Oares. The NBI noted that the same firearm also yielded positive for gun powder nitrate residue.

“Given the circumstances, gathered evidence proved that it was PO3 Arnel Oares who shot the victim,” the NBI stated in its complaint.

Paraffin examination, the NBI added, showed that Kian was negative on both is hands negating “the allegations that victim fired shots at them upon sensing their arrival so they have no other option than to fire back at victim, hitting him in the head causing his instantaneous death.”

The police argued that Kian has a .45 caliber pistol and two sachets of shabu.

But the NBI pointed out that Kian was only wearing boxer shorts making it easier for the police to spot the firearm when they accosted him.

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The complaint was signed by NBI Director Dante Gierran.

A criminal complaint is already pending before the DOJ also for murder and torture were filed by Kian’s parents against the same police officers. JE

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