Road rage shooting suspect David Lim Jr. (left) leaves the Prosecutor’s Office after his arraignment for frustrated homicide has been reset.
CDN PHOTO/LITO TECSON
CASE VS DAVID LIM JR.
The trial court has reset the arraignment of Cebu road rage shooting suspect David Lim Jr.
His new lawyer, Esteban Mendoza, filed a pleading, asking the court to remand the case back to the Cebu City Prosecutor’s Office and to conduct a preliminary investigation on the accused.
Judge Ricky Jones Macabaya of the Regional Trial Court Branch 5 gave the prosecution 15 days to comment on the pleading filed by the case.
The arraignment of Lim is moved to June 20.
“My client was arrested without a warrant of arrest and so the inquest proceedings conducted by the prosecutor after his arrest was void,” Mendoza said in an interview.
“Now, we’re seeking the conduct of the regular preliminary investigation,” he added.
Lim surrendered to Chief Supt. Noli Taliño, director of the Police Regional Office in Central Visayas, two days after he shot and wounded Ephraim Nuñal following an altercation along F. Sotto Street in Barangay Kamputhaw, Cebu City, last March 19.
He was charged with frustrated homicide and illegal possession of ammunition.
The gun he used in shooting the victim was purportedly lost.
Lim was originally represented by lawyer Orlando Salatandre Jr., but the lawyer withdrew his appearance in court due to a conflict in his schedule.
Mendoza, who is based in Manila, replaced Salatandre as the counsel of Lim.
Lawyer Mundlyn Misal-Martin, counsel of the victim, said they will oppose the request of the accused to remand the case back to the Prosecutor’s Office.
“This is clearly a dilatory tactic on the part of the accused,” she said.
Misal-Martin said the court already acquired jurisdiction over the accused after the latter posted bail to secure temporary liberty.
Misal-Martin said Nuñal, who sustained gunshot wounds on his left thigh and right ankle, is still recuperating at a private hospital in Cebu.
“He still can’t stand up or walk. The crack on his left foot is still under observation,” he said.