Overkill? Kian's 3 gunshot wounds all lethal, says lawyer

Jamaine Punzalan, ABS-CBN News

Posted at Aug 22 2017 08:50 AM | Updated as of Aug 22 2017 10:00 AM

Policemen check the body of Kian Loyd Delos Santos, 17, a Grade 11 student from a Catholic School, who was killed in a police operation at Riverside Barangay 160, Caloocan city on August 16. Vincent Go, ABS-CBN News

MANILA - Grade 11 student Kian Loyd Delos Santos could not have survived any of the 3 gunshots wounds he sustained during the anti-drug operation that claimed his life last week, his family's lawyer said Tuesday. 

Delos Santos, whom police tagged as a drug courier, was shot dead last Wednesday when he allegedly resisted arrest in Barangay 160, Caloocan. Witnesses said Delos Santos was mauled by policemen, given a gun and told to run before he was shot. 

Autopsy conducted by the Public Attorneys Office (PAO) found that the 17-year-old Delos Santos sustained gunshot wounds to his back, inside his left ear and the back of his left ear. 

The location of the gunshot wounds to his ears showed that Delos Santos was on the ground when he was shot, according to PAO's forensic experts. 

"Iyung kay Ninoy [Aquino], ganoong-ganoon din ang location [ng sugat] -- sa likod ng tainga, sa kaliwa. Si Ninoy, isang bala lang namatay e. Si Kian pa kaya, bata lang iyan tapos kung mayroon pa sa loob ng tainga," PAO chief Atty. Persida Rueda-Acosta told DZMM. 

(Ninoy suffered a similar gunshot wound to the back of his left ear. Ninoy died from a single wound. How can Kian survive that when he's just a kid and had another wound inside his ear?) 

"First time kong nakakita na doon sa loob ng tainga ipinutok... Tapos iyung isa, sa baga. Sinong mabubuhay doon? Talaga mamamatay kasi fatal e iyung 3 [sugat] na iyun." 

(That was my first time to see a gunshot wound on the ear itself. There was another wound on his lung. Who can survive that? He would have died no matter what because all 3 wounds were fatal.)

POLICE LAPSES? 

Acosta also noted that crime scene investigators failed to collect a spent bullet and one of Kian's slippers from the area where he was killed. The 2 items, she said, were found by barangay officials. 

"Nagtataka ako bakit hindi nakuha ng SOCO iyun, bakit napulot pa ng mga taga-barangay. Iyung chain of custody, problema natin iyun," she said. 

(I am puzzled over why the Scene of the Crime Operatives did not collect that, why it was picked up by barangay officials. We may have a problem with the chain of custody.)

Kian's death has sparked separate investigations by the police, National Bureau of Investigation (NBI), Commission on Human Rights and the Senate. 

President Rodrigo Duterte vowed Monday that the policemen behind the minor’s death would be sent to jail if they are found guilty of "rubout." 

Three operatives who mounted the raid have been relieved of their post and placed under restrictive custody, said Director Oscar Albayalde, chief of the National Capital Region Police Office. 

The cops' commander and the Caloocan police chief, meanwhile, were placed under floating status to give way to the investigation of Kian's killing, Albayalde said. 

"Ang atin naman pong mga pulis ay magkakaroon ng pagkakataon na depensahan ang kanilang sarili kung sila ay fa-file-an ng kaso sa korte," he added. 

(Our police will have a chance to defend themselves if a case is filed against them before the court.)

PAO, Acosta said, will coordinate with the NBI in lodging criminal complaints against the operatives. 

Kian, who had dreamed of being a cop, will be buried later this week.