THE Makati City Prosecutors Office yesterday approved the filing of murder charges against a businessman who fatally shot a 65-year-old family driver during a road rage incident on the EDSA-Ayala tunnel last week.
Businessman Gerrard Raymond Yu was indicted for murder in connection with the killing of Aniceto Mateo last May 28.
Yu was also charged with violation of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act for carrying a firearm without a permit. No bail was recommended.
In indicting Yu, the prosecutor said there was treachery involved in the killing of Mateo.
Treachery is one of the elements of murder, the other being the employment of superior force and evident premeditation.
“The killing here was attended by treachery because the record shows that Gerrard deliberately positioned himself on the right side of the Toyota Innova in such a way that when he shoots victim Aniceto, the latter will be killed with no chance to defend himself or even attempt to evade the attack,” part of the resolution said, adding it was “clear-cut, precise and calculated to ensure the killing of the victim.”
The prosecutor’s office also cited the sudden attack, leaving the victim defenseless.
“It is significant to note that Gerrard shot Aniceto as he was heading towards the tunnel, while Gerrard was positioned strategically on the right side of the road indicating his readiness for a swift escape,” it added.
The PNP had earlier said the paraffin test and ballistic examination on the gun used by Yu yielded positive results.
The police said Yu sped off from the crime scene while the victim lost control of the vehicle and hit several motorcycles in the process.
Yu was apprehended a day after the shooting incident.
Police also recovered the Mercedez Benz vehicle he used as well as the firearm he used in shooting the victim.
