Victim's family wants murder, not homicide, raps filed vs Leviste

The family of the slain staff member of former Batangas Governor Jose Antonio Leviste insisted Monday the former local executive should be charged with murder, not homicide as the Makati city police has recommended, dzBB radio reported. Radio reports quoted family members as insisting that evidence and testimonies of witnesses they have gathered indicate that the killing of Rafael de las Alas was premeditated, and therefore, murder charges should be filed against Leviste. The family members, who were not identified, have asked the National Bureau of Investigation (NBI) to conduct an independent investigation into the killing, which happened Friday afternoon at the ninth floor office of Leviste at the LPL Towers in Legaspi Village in Makati City . NBI Director Nestor Mantaring on Monday tasked Ruel Lasala, chief of the NBI-National Capital Region, to head the parallel investigation into De las Alas’ killing. Homicide? This came as the Makati police’s homicide division, which handled the case, recommended the filing of homicide charges against Leviste. Police justified this after noting testimonies from other staff members which indicated that the former governor and De las Alas had an argument prior to the shooting incident. Senior Inspector Marlon Almoguera, homicide division chief, cited the testimony of staffer Nelia Gonzales who was quoted saying that De las Alas was armed when he visited with Leviste last Friday. She claimed overhearing the two debate on how De las Alas should get P1 million from Leviste. The former allegedly wants the latter to pay him in cash while the latter wanted the payment to be made in installment. Gonzales was unaware of what the P1 million was for, police said, quoting from her testimony. After the argument, Gonzales she and her officemates heard three gunshots from Leviste’s office. De las Alas’ body was found sitting infront of Leviste’s office. A gun was found in his right hand. Scene of the Crime Operations (SOCO) members recovered from the crime scene a 38-caliber pistol allegedly owned by Leviste and a 9-mm pistol from De las Alas’ right hand. Leviste has admitted shooting De las Alas but claimed this was in self-defense. He had refused to elaborate. No paraffin test On Monday, Leviste refused to undergo a paraffin test to determine if he fired a gun in connection with the killing of De las Alas Friday afternoon. Lawyer Henry Capela, counsel of Leviste, said his client has the right to refuse to undergo the test. Leviste likewise did not sign a waiver of detention during the inquest proceedings held at his Makati Medical Center suite, dzBB radio reported. Makati City second assistant prosecutor Henry Salazar subjected the former local executive to inquest proceedings at room 710 of the Makati Medical Center where Leviste remains confined for hypertension. Salazar said he would review the merits of the case and decide “in a few days’ time" whether or not Leviste should be charged with homicide or murder. -GMANews.TV