DPS vows to investigate misconduct of its officer

Public Safety Commissioner Charles W. Ingram and Assistant Attorney General Kevin Lynch have assured the Office of the Public Defender that they are investigating the misconduct case against police officers who were involved in the mauling of a Filipino seven months ago.

As a result, Assistant Public Defender Robert T. Torres withdrew his motion to dismiss the traffic case filed against William Lazalita due to outrageous police misconduct.

“We are giving the Commissioner the opportunity to take action against his own men without being prodded by anybody. The investigation is near completion and we were assured that a report will be coming out soon,” said Mr. Torres.

At the same time, he said Mr. Lynch has assured him that the AGO is investigating all claims of police misconduct and maltreatment. Upon completion of any investigation, the AGO will file criminal charges against any police officer found to have committed criminal misconduct.

Similarly, DPS will take administrative action, including termination or suspension, against law enforcers who may be found violating the DPS standards of conduct for police officers.

The case of Mr. Lazalita stemmed from a traffic incident which took place on April 10, 1999 in Chalan Kanoa. At around 11:30 p.m., Mr. Lazalita accidentally hit the vehicle of DPS Corrections Officer Jose T. Castro just pass the Stella Market.

Mr. Castro, who was at that time in civilian clothes, began assaulting Mr. Lazalita, punching him several times on the face and kicking him as he stepped out of the car.

A companion of Mr. Castro, Alice Conception, told Mr. Lazalita not to fight back because the man beating him was a police officer. Mr. Lazalita begged and apologized for what he has done but Mr. Castro simply won’t stop. He suffered lacerations on his mouth and the back of his head as a result of the mauling incident.

DPS Officer Vicente Sablan responded to the scene and found Mr. Castro being restrained by another police officer while he continuously threatening Mr. Lazalita, who was already on board a police car.

During the interview of Mr. Sablan, he learned from Ms. Concepcion that Mr. Castro had consumed alcohol when he was driving. This was even confirmed by Mr. Castro.

Surprisingly, Mr. Sablan only arrested Mr. Lazalita for DUI and despite his injuries, asked the victim to submit to a breathalyzer test at 12:35 a.m. at DPS Central, about an hour after the incident.

Unfortunately, Mr. Lazalita was not able to undergo this test because of his lacerated and swollen mouth. Mr. Sablan then took Mr. Lazalita to the Commonwealth Health Center where he consented to a blood draw at 1:10 a.m., but the blood was not tested until April 12, 1999 at 1:15 p.m.. Test results, however, revealed that his blood alcohol level was still within the limit for legal intoxication.

Again, Mr. Sablan issued a citation to Mr. Lazalita for reckless driving, refusal to submit to a breathalyzer test and failure to drive on the right side of the highway.

He turned a blind eye on Mr. Castro as he did not require him to submit to a breathalyzer test despite his admission that he has consumed at least two cans of beer and his willingness to submit to such a test.

Furthermore, Mr. Sablan did not administer the standard Field Sobriety Test to Mr. Castro at the scene, who was reeking of alcohol. The police officer allowed Mr. Castro to go home.

Mr. Sablan did not also arrest Mr. Castro for assaulting Mr. Lazalita although the victim was badly beaten. Until now, no criminal charges have been filed or any administrative sanction has been imposed against Mr. Castro for his misconduct.