Sheriff’s Dept. defends SWAT shooting silence

Arizona Daily Star ^ | 5/18/2011 | Fernanda Echavarri

[petitfour]

The Pima County Sheriff's Department issued a statement today trying to explain its policy regarding the delay in information about the SWAT raid in which a Tucson man was killed. Here is an unedited copy of today's statement: Officer Involved Shooting - Update May 18, 2011 "As a result of the need for information surrounding the shooting of Jose Guerena by members of the Pima Regional SWAT Team, the public has received misinformation and emotionally-charged speculation. The investigation that lead to the service of the search warrants on May 5 is a complicated one involving multiple people suspected of very serious crimes. Sometimes, law enforcement agencies must choose between the desire of the public to quickly know details, and the very real threat to innocent lives if those details are released prematurely. Sheriff Dupnik has made it a departmental policy to be open and forthcoming with information released to the news media. When the decision is made to withhold information, as it has been in this case, there is a legitimate reason for that decision. The day the search warrant was served, we reported to the media that Mr. Guerena fired at SWAT officers. This is what was understood at that time. After a more detailed investigation, we learned that he pointed his assault rifle at SWAT officers, however, the safety was on and he could not fire. This is a clear example of erroneous information being provided without careful investigation. Rather than risking the release of further information, it is imperative that we complete all aspects of this investigation. (cont)

[petitfour]

Unbelievable and some of it is laughable. Must read whole statement and the remarks about Dupnik.

[driftdiver]

Perhaps they can explain why they withheld emergency medical care for the guy.

[Kartographer]

In other words they haven’t put the finishing touches on their frame-up and whitewash of the incident.

[Fido969]

the safety was on and he could not fire.

He could fire - if he put the safety off. The guy knew how to use a rifle. The fact the safety was off shows he had no INTENT to fire. The cops were, in fact, in no danger. Who gives a cr@p what the cops "thought". They were the most dangerous thing around that day.

[MeganC]

Translation: “We’re not releasing any information until we get our cover stories straight.”

[Responsibility2nd]

What do you have against paragraphs?

Try again, please.

[rawhide]

I truly believe there is a cover-up that is taking place here. I cannot trust what the sheriff dept says at this time. They screwed up royally and a husband and father is dead, leaving a precious widow and two little boys to grieve. A crime has been committed here, imo.

The cops say the man pointed a gun at them. How are we to know this really happened? Trust them, you say? Hogwash! But think about it, if a group of men were trying to enter my house and I did not know them, then I sure would have a gun in my house, trying to defend my family. That does not give you any justification to shoot, just becasue you are the cops.

Surely there is a higher police authority investigating this? Do not trust the local sheriff's dept to be fair and impartial.

[savedbygrace]

Allow me to translate:

We had a Confidential Informant who hosed us big time on this one. We need time to figure out how to explain the stupid things we did during this raid.

[mvpel]

...the safety was on and he could not fire.

So much for "safety." I've seen robbery surveillance videos where the defender is yanking away for a painfully long time on a gun with the "safety" engaged while under attack from the criminal, which didn't look very "safe" for the defender. I prefer my Glock.

[rawhide]

Jose Guerena, 26, former Marine

Here is the man's grieving wife, Vanessa Guerena. They have two sons, ages 4 and 5.

[rawhide]

Remember the SWAT team killing in Atlanta a few years ago? The cops tried to cover it up and tried to get their informant to go along with them. They failed and are now serving time behind bars.

[mmercier]

Parties involved in the killing of other parties necessarily desire... Delay of dissemination of fact and persons involved in such action.

This is a reasonable thing when lawful action has been executed. Still, many fail to understand this thing.

[petitfour]

Sorry. I didn’t preview. I just cut and pasted from the ADS, and their breaks obviously didn’t translate. All you have to do is click on the link, and the paragraphs are nice and neat. The statement from the PCSO is long, so I excerpted.

[Oldpuppymax]

After all, coming up with something that sounds PLAUSIBLE takes time...especially when the guy with 70 bullet wounds was NOT a criminal, had done NOTHING wrong and never fired a shot. Lucky for this thug sheriff he’s a leftist nut. A conservative could be in TROUBLE for doing this!!!

[rolling_stone]

I dont know the laws in Arizona but in California the warrant is supposed to be left at the houe at the time of its serving, which indicates the location to be searched and the items to be searched for. Affidavit in support of the warrant is normally released in California 10 days after it is served. (a few exceptions)

Any Arizona LEO’s out there that can chime in?

[rawhide]

Complicating matters is the fact that multiple agencies were involved in this incident. The criminal investigation must be completed, in addition to the investigation by the County Attorney's office, prior to any administrative review of the actions of the officers involved in the shooting. By mutual agreement, that administrative review will include officials from the Pima County Sheriff's Department, the Marana Police Department, the Oro Valley Police Department and the Sahuarita Police Department. Each of these agencies had officers involved in the shooting as members of the Pima Regional SWAT Team.

This need to be investigated by the State Bureau of Investigation at least, maybe even the FBI. These local boys will have a desire to cover this up, no doubt in my mind. They are investigating their own, so we know how this is going to turn out? They do not want to look responsible for the killing.

[mmercier]

The safety thing is why I carry Glock or SW66.

Flipping switch at moment gets you dead.

[rawhide]

On May 5, five members of the SWAT team fired 71 shots at Guerena while serving a search warrant at the 7100 block of South Redwater Drive. He was shot 60 times.

The 26-year-old former Marine was sleeping at about 9:30 a.m. after working the graveyard shift at Asarco's Mission Mine when his wife woke him saying she heard noises outside and saw a man was at their window. Guerena told his wife to hide in a closet with their 4-year-old son, his wife said. He grabbed an AR-15 rifle and moments later was slumped in the kitchen, mortally wounded from a hail of gunfire.

Guerena did not fire a shot and his gun had the safety on, deputies said, after initially saying he had fired on the SWAT officers.

Sickening every time I read this!

[GlockThe Vote]

I personally would pull the level on the electric for each of these squat team members for this.

[rolling_stone]

http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03918.htm&Title=13&DocType=ARS

13-3918. Time of execution and return

A. A search warrant shall be executed within five calendar days from its issuance and returned to a magistrate within three court business days after the warrant is executed. Upon expiration of the five day period, the warrant is void unless the time is extended by a magistrate. The time for execution of the warrant may be extended for no longer than five calendar days. The documents and records of the court relating to the search warrant need not be open to the public until the return of the warrant or the warrant is deemed void pursuant to this section unless a magistrate orders the time to be shortened or lengthened for good cause. Thereafter, if the warrant has been executed, the documents and records shall be open to the public as a judicial record.

B. If a duplicate original search warrant has been executed, the peace officer who executed the warrant shall enter the exact time of its execution on its face.