Husband Of Us Diplomat Killed In Makati City

[Jollygoodfellow]

This shows to me that 1.should not be out late at night 2. dont get drunk and provoke others 3. dont ever rely on the local heath care in an emergency situation

 

Nothing wrong with being out late but as in this case common sense says one should mind his own business and remember it is not the home country day and night.  Getting drunk and provoking people is a world wide no no.

Health care is what it is, try not to be in the above situation to need it  :rolleyes:

[MikeB]

looks like Blame not me is still being pursued. Hope that the judge will not fall for that

Fall for what, that only one had and used a knife? That's what the police say, do you know otherwise?

dont ever rely on the local heath care in an emergency situation

Great advice. 

[Call me bubba]

latest news update on this case

SEEMS they have been granted BAIL

The video that went viral was apparently not convincing enough.

The four men charged with the murder of US Marine Major George Anikow

walked out of jail on Friday

after being granted bail by a Makati City

judge who cited insufficient proof that they acted in conspiracy and

used “superior strength” in the street brawl that led to the killing.

After almost three months in detention, Juan Alfonso Abastillas,

Osric Cabrera, Galicano Datu III and Crispin de la Paz gained

provisional liberty after posting bail at P300,000 each.

Their lawyers

got them out of Makati City jail around 2:30 p.m., shortly after

securing the ruling dated Feb. 21 from Judge Winlove Dumayas of Makati

Regional Trial Court-Branch 59.

It was a crucial twist in the case closely monitored by the US

Embassy, which had consistently sent observers to the bail hearings.

Anikow, 41, a US Marine previously deployed in Afghanistan,

was also the

husband of an American diplomat then posted in the country and residing

in the upscale Bel-Air subdivision in Makati.

An altercation between Anikow and the four accused at a

security checkpoint near Bel-Air led to the killing in the early morning

of Nov. 24, 2012.

The incident was partly captured on a security camera

and the video clip was later presented as evidence by the prosecution.

In a seven-page resolution,

Dumayas said the prosecution failed

to present sufficient evidence to prove that the suspects acted in

conspiracy or used superior strength—two elements of murder—in the fatal

stabbing of Anikow, who was reportedly drunk at the time.

“After a perspicacious review of both the testimonial and

documentary evidence of the prosecution,

the court is of the view that

the evidence of guilt, insofar as it indicts the accused for murder, is

not strong and thus entitles all to bail,” the judge said.

Dumayas described the incident as “a tragedy triggered by

uncontrollable display of ‘machismo’ attributable to Anikow’s hard

pounding of the (suspects’) car, perceived as degrading and high handed

by the accused.”

Unrestrained emotions

He said he did not consider

Anikow, “an established member of the United States military service, to

be placed at a disadvantage given the number of the accused.”

He noted that Anikow also hit the accused when they exchanged blows.

“The altercation itself being attributable

to unrestrained emotions cannot be stretched as an abuse of superior

strength,” the judge said.

“The circumstances surrounding the case, the

height, built and superior traits of the victim must also be considered

in the determination of whether there was abuse of superior strength

enough to upgrade the offense to murder.”

In dismissing the

element of conspiracy, he said “the untoward incident was created by

plain emotional upheaval. It is therefore unplanned.”

While the suspects’ parents hailed the

ruling, Dr. Jose Cabrera, father of Osric, said he still felt aggrieved

by the way the hearings went and that he would inform President Benigno

Aquino III about it.

“Even the prosecution witness stated that

the aggressor was Anikow. And it is very clear that there was no

conspiracy among the accused,” said Jay de Castro, counsel of Datu III.

Hannah Arriola, the lone public prosecutor

http://newsinfo.inquirer.net/363311/anikow-murder-suspects-granted-bail

He said he did not consider Anikow, “an

established member of the United States military service, to be placed

at a disadvantage given the number of the accused.”

He noted that Anikow also hit the accused when they exchanged blows.

humm. the man fought back as he was being attacked, and was drunk.

just curious how is 1 not disadvantaged when your being attacked by 4people & 1 of them has a knife ??

Edited February 22, 2013 by Pittman apartments Sgn

[FlyAway]

Looks like 4 on 1 is considered a fair fight there?

[Thomas]

Looks like 4 on 1 is considered a fair fight there?

Well. One MILITARY American sized can surely have chance to winn a NO ARMS fight against 4 Filipinos.

(I have managed against 8 SWEDES myself, back when I were exersising, and I'm NOT military.)

 

BUT it's realy crap, IF* they will get no real punnishment after two of them RUN AFTER the American and he got STABBED to death...   :bash:

 

*I didn't understood fully the judge comments, if he mean they will go free, or something very serious but less than murder.

[MikeB]

Looks like 4 on 1 is considered a fair fight there?

Clearly, not what the judge said. 

[FlyAway]

Reader comments are interesting to read.

http://newsinfo.inquirer.net/363311/anikow-murder-suspects-granted-bail

 

 

The photo is of Major Anikow. I could not find what nationality he is.

 

I think if he had not been a US Marine then this whole incident would have quietly gone away. As some of the comments refer to it is all about the money.

 

We do not know how Philippines classifies murder vs. manslaughter. Here in the US you can get out of jail on bail for most any crime if you have the money. What bothers me is the judges comments about the case.

[MikeB]

One of the mitigating factors the prosecution used to justify the charges of murder, as opposed to a lesser charge, against all 4 defendants was the use of “superior force”; defined by Philippine law as 4 or more against one. The judge ruled that Major Anikow, a combat trained US Marine, had the training, experience, and skill to negate the superior force of the 4 defendants. He also noted the victim’s larger size. Perhaps he should have also considered that the victim’s intoxicated state made him far less able to defend himself. Looking at the raw footage of the video it’s impossible to tell exactly what happened but only one had the knife; according to the Makati Police Chief that was Abastillas, the driver, but that has not been established in court. Getting 4 separate murder convictions against these guys is a real stretch. A senseless loss and a very sad and tragic case.

[bootleultras]

If its anything like the UK embassy the spouse of an employee is well looked after, I know the uk embassy gives partners of yheir employees an allowance & a nice condo in the fort, I guess the US use Bel Air Village. This case sounds not too dissimilar to the US marine who was killed in Makati in November although I believe that guy actually instigated the trouble on that occasion.

[MikeB]

This case sounds not too dissimilar to the US marine who was killed in Makati in November although I believe that guy actually instigated the trouble on that occasion.

It's the same case. Yes, he instigated it.