Kian could not be that innocent, says fiscal

By: Jodee A. Agoncillo - Reporter / @jagoncilloINQ

Philippine Daily Inquirer / 07:30 AM August 20, 2017

The school ID of 17-year-old Kian Loyd delos Santos who died in the hands of the Caloocan policemen during
the anti-drug raids in the city. PHOTO BY LYN RILLON/ Philippine Daily Inquirer

Too far-fetched, Caloocan City prosecutor Darwin Caete said of the possibility that Grade 11 student Kian
delos Santos was a totally innocent boy planted (with) P16,000 worth of drugs by the police.

I am not saying they did not kill the kid. The (police) should be held accountable if ever its a proven EJK
(extrajudicial killing). But making the kid super innocent? I am not buying it, Caete told the Inquirer in an
interview.

EJKs are wrong, and if proven, the (police) should be punished. But use facts, not emotions, he added.

Caete, a Duterte supporter, took to social media and dissed medias coverage of the killing of Delos Santos
whom police described as a shootout during an anti-illegal drugs operation on Wednesday night in Caloocan.

The Caloocan prosecutor first gained public attention in June when his social media account encouraged the
killing of yellow forces, people or groups critical of President Duterte.

Caetes June 13 post read: Fact is, YELLOWS are EVIL. You dont talk to them, YOU KILL THEM. After
you kill one, you find another to DESTROY. Like COCKROACHES.

Too black and white

While indirectly saying that the grade 12 student could not be all that innocent, Caete said: The media
narrative is too black and white. Without evidence, it would be unfair to ascribe which one is guilty or
innocent.

As to the skin markings, (there is) no way for us to know. I leave that to the expert investigators, he added.

It is two-sided. The police have a right to self-defense but also the duty to avoid unnecessary loss of life. We
cannot second guess what is there on the ground. We can only pray that they make the right call every time,
Caete said.

Let me put it this wayIf there were no minors committing crimes, we wouldnt have Kikos Juvenile Justice
Law now, would we? he said.

He was referring to Juvenile Justice and Welfare Act of 2006 (Republic Act 9344), authored by Sen. Francis
Pangilinan.
The law states that a child who is 15 years old or younger at the time of the commission of the office shall
remain exempted from criminal liability. The offender, however, will be subjected to an intervention program
from the government.

President Rodrigo Duterte, who has often criticized this law, has proposed lowering the current age of criminal
liability from 15 to nine years old.

At scene of the crime

Always interesting to see the kind of martyrs yellow media picks. Specifically if you know the stuff they
conveniently downplay, Caete said in one of his Facebook posts on Friday.

Caete said he was called an hour after the incident to observe the Scene of the Crime Operatives processing the
crime scene, and noticed that the skin markings on the boy made him believe the sachets (of shabu) were
lodged there for quite some time even before the shooting.

He added that policemen do not plant over 10 grams of shabu (crystal meth) on random strangers.

For what purpose? These are PO1s, low rankers. (Are) you telling me (that) in the short span that theyve been
policemen, they already have a reason to kill the kid, he said in a text message.

Why (pick) P16K worth of drugs when a fraction will suffice if the intent is to plant? he added.

Asked about the CCTV footage that had captured two policemen dragging Delos Santos, the prosecutor
asked, Are we even sure it was the kid on CCTV? The CCTV should be enhanced before (people start)
jumping to conclusions, he added.

In an earlier comment on Facebook, Caete said netizens should wait for the Senate hearing on August 22,
when our policemen will present their side. It is better to wait so the full truth can be revealed.

Chief Supt. Roberto Fajardo of the Northern Police District earlier said that reports identified Delos Santos as
being involved in illegal drugs. He also described their ongoing operations as normal.

He said: You know, in these times, young and old get used (in drug operations). Hindi sila nauubos.