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Brodesky: Tucson deserves to know more about Guerena shooting
azstarnet.com ^ | 21 May, 2011 | Josh Brodesky

Posted on 05/27/2011 6:31:45 AM PDT by marktwain

Maybe, as it's been alleged, Jose Guerena was part of a home-invasion ring with family members, ripping and running with body armor and assault weapons, posing as law enforcement.

But all we know, more than two weeks after SWAT officers shot him 60 times, is that Guerena was a Marine who served in Iraq and had no criminal record. We know he worked the night shift at the Asarco Mission Mine, and he was a father and husband.

We know that what SWAT officers said they found in Guerena's home - guns, body armor, a piece of law enforcement clothing, a portrait of Jesus Malverde, "the narco saint," under his bed - might be suggestive of home invasions, but certainly are not illegal.

Could Pima County Sheriff Clarence Dupnik have bungled the explanation for this shooting any worse? His department first said Guerena fired at the SWAT officers. Then it said he didn't. The officers now say he raised his gun with the safety on and pointed it at them. Since the correction, Dupnik has refused to comment on what went down.

"I have to do what I think is right to protect the case to ensure that it has the opportunity to progress where we think it should go," he told me Friday, explaining his silence.

Dupnik said he was withholding comment because his department is continuing with its criminal investigation into the alleged home-invasion ring. Meanwhile, the Pima County Attorney's Office is investigating the shooting. And a shooting board, made up of commanders from the various agencies involved with the SWAT incident, is also investigating. Dupnik said it wouldn't make any sense to talk to the public before talking to the shooting board.

Besides the wall of silence, court documents and the search warrant for the home have been sealed. The Star plans to sue for those records.

Dupnik said opening up those documents would put someone's life at risk. An informant? Presumably, but he wouldn't say.

"I don't know when they are going to be unsealed, if ever," he said. "Those are the real sensitive parts of why we are having difficulty with trying to put information out publicly - because we don't want to get somebody killed."

That would make sense, except Michael Storie, the attorney for the SWAT officers, gave a press conference Thursday to provide details of the May 5 shooting.

When I asked Dupnik if anything Storie said at that presser undermined the criminal investigation or other concerns, all he said was, "No."

So then why not at least release that information?

After all, Dupnik said he understands "there is a huge public interest fueled by the press" about a shooting where officers fired 71 rounds in seven seconds. And he said he understands that "we gave some bad information on a very critical issue."

But clearly he doesn't. Otherwise we wouldn't have Storie tap dancing for reporters, explaining how the shooting went down.

Among other things, Storie said Guerena raised his AR-15 rifle and said, "I have something for you. I have something for you guys."

Two of the officers thought they saw the rifle fire. Why? No one knows. Some of the hypothetical explanations Storie gave - The muzzle flash of their own guns reflected off the scope of his; their gunshots hit Guerena's gun, sending sparks flying - make no sense because they would have happened after the cops started shooting. Others, that officers saw a flash out of the corners of their eyes or in a mirror, seem possible but improbable.

At some point a SWAT officer holding a shield fell, and the other officers thought he had been shot. More shots were fired. Guerena died while his wife pleaded with 911 for medical help.

Storie - no surprise here - sees this as "a clear-cut case" on the shooting and on Guerena.

The guns, the law enforcement clothing, the portrait and the body armor make a nifty equation.

"Put it together, and when you have drug rip-offs that occasionally happen where people disguise themselves as law enforcement officers, it all adds up," he said.

Guerena's alleged gun threat left officers with "no choice" but to shoot.

"They are faced with a weapon pointed at them. What other choice do they have?"

When the dust settles, Dupnik said, "You will see that we are not hiding anything."

But he's already undermined that. A man was shot 60 times in his own home, and we still don't know why.

Guerena, SWAT and the community deserve more answers than this.


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Arizona
KEYWORDS: az; banglist; guerena; swat
"Put it together, and when you have drug rip-offs that occasionally happen where people disguise themselves as law enforcement officers, it all adds up," he said.

So, the police spokesman tells us that home invasions by criminals dressed as police happen in the area, but he cannot see why someone would respond to people breaking down his door with gun in hand?

Then he says:

"They are faced with a weapon pointed at them. What other choice do they have?"

That is exactly the choice that Iraqi veteran Jose Guerena faced, but he did not fire. Why is his right, in his own home, inferior to that of the armed home invaders who just broke down his door?

1 posted on 05/27/2011 6:31:48 AM PDT by marktwain
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To: marktwain
Is there any actual proof that Mr. Guerena, who in spite of having no criminal record, is some "evil criminal mastermind" as is being alleged by the cops, or is this just their way of covering things up?

Add this incident to the ever increasing list of reasons that SWAT teams and militarized local police departments need to be abolished.

2 posted on 05/27/2011 6:36:30 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: marktwain
"I have to do what I think is right to protect the case to ensure that it has the opportunity to progress where we think it should go," he told me Friday, explaining his silence.

Translation: "No matter how badly we screwed this up, we still want to win it in court, even if we have to lie to win."

3 posted on 05/27/2011 6:45:44 AM PDT by savedbygrace (But God.)
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To: marktwain
There is absolutely no reason for the police to release any more information. They are heroes on the front line of the WOD. We should be thanking not criticizing them.

Anyone who disagrees obviously supports pedophilia, drug-adled zombie mobs, etc., etc.

4 posted on 05/27/2011 6:46:36 AM PDT by starlifter (Pullum sapit)
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To: marktwain

The police SWAT was poorly trained and likely on steroids. They easily could have arrested the guy on a traffic and served the search warrant while only his wife was home. Dumb dumb dumb police work.

Criminally wrong police work.


5 posted on 05/27/2011 6:46:54 AM PDT by yldstrk (My heroes have always been cowboys)
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To: marktwain

I’ve posted this before, but if search warrants can be sealed, then the 4th Amendment is made null and void.


6 posted on 05/27/2011 6:47:20 AM PDT by savedbygrace (But God.)
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To: starlifter

What is WOD?


7 posted on 05/27/2011 6:48:01 AM PDT by yldstrk (My heroes have always been cowboys)
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To: savedbygrace

permanently sealed, yes, good point


8 posted on 05/27/2011 6:48:48 AM PDT by yldstrk (My heroes have always been cowboys)
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To: yldstrk
War on Drugs.
9 posted on 05/27/2011 6:49:36 AM PDT by starlifter (Pullum sapit)
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To: starlifter

I thought maybe it was War on Democracy. Were your comments above sincere? Or sarcastic, it is difficult to tell. If sincere, then there is no reining law enforcement and they can say and do whatever they want like a licensed gang of thugs.


10 posted on 05/27/2011 6:53:37 AM PDT by yldstrk (My heroes have always been cowboys)
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To: yldstrk

If the search warrant is sealed, how does the public know whether they got a search warrant for the home they raided?

If the reason they moved to have it sealed is to protect the CI, that would mean they ID’ed or named the CI in the warrant. That makes the CI not so confidential. If other CIs in Pima County are paying attention to this, their information will quickly dry up.


11 posted on 05/27/2011 7:02:06 AM PDT by savedbygrace (But God.)
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To: yldstrk
Sarcastic.

Let me be very clear:
- The WOD is a failure and should never have started. Thank you, Bill Bennett.
- The WOD and WOT are excuses for cops to thug-up and pretend to be soldiers.
- I believe the cops in this incident were cowards and shot an Innocent man. I further believe they are in full cover-up mode right now.

12 posted on 05/27/2011 7:03:10 AM PDT by starlifter (Pullum sapit)
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To: starlifter

I think you are absolutely correct.


13 posted on 05/27/2011 7:06:37 AM PDT by yldstrk (My heroes have always been cowboys)
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To: starlifter

That is BS, the Police work for the citizens, because they stop crime does not make them exempt from the law. They must accountable to the citizens or we will live in a Police State in no time.


14 posted on 05/27/2011 7:06:50 AM PDT by OldGoatCPO (Social engineers build bad bridges.)
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To: starlifter

Not your best work at being sarcastic . Keep trying you will eventually get it right.


15 posted on 05/27/2011 7:07:51 AM PDT by Nebr FAL owner (.308 reach out & thump someone .50 cal.Browning Machine gun reach out & crush someone)
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To: starlifter
CORRECTION:

- The WOD and WOT are excuses for cops to thug-up and pretend to be soldiers WITH HOMO-EROTIC HARICUTS.

16 posted on 05/27/2011 7:09:26 AM PDT by starlifter (Pullum sapit)
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To: Nebr FAL owner
I know. But it's still early and I am pissed beyond measure at the SWATies.
17 posted on 05/27/2011 7:11:24 AM PDT by starlifter (Pullum sapit)
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To: starlifter

There are simply not enough “amens” I can shower upon you for what you said.


18 posted on 05/27/2011 7:12:09 AM PDT by pnh102 (Regarding liberalism, always attribute to malice what you think can be explained by stupidity. - Me)
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To: yldstrk
They easily could have arrested the guy on a traffic...

Yes, but then they wouldn't have had the fun of playing 'soldier'.

19 posted on 05/27/2011 7:15:54 AM PDT by tbpiper
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To: OldGoatCPO
Ping to #12 and the correction at #16.
20 posted on 05/27/2011 7:25:00 AM PDT by starlifter (Pullum sapit)
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To: marktwain
Guerena's alleged gun threat left officers with "no choice" but to shoot.

"They are faced with a weapon pointed at them. What other choice do they have?"

Well, how about this?

The 1st Jack-Booted Thug to stick his nose/head into the door, was covered from head to toe in body armor AND had a shield.

Why not do (what one would hope these morons are trained to do) and simply duck back and order the suspect to put down their weapon, especially, in light of the fact that Guerena had NOT actually discharged his weapon.

What about all the "Simulator Training" these Goons supposedly go thru which I KNOW (from experience) teaches/trains the LEO's to NOT react in such a Cowboy-Like, manner, whereby they open fire instinctively without thought or taking a second to appraise the situation.

Something stinks here to high heaven and there was NO need for this raid whatsoever.

21 posted on 05/27/2011 7:28:59 AM PDT by Conservative Vermont Vet (l)
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To: starlifter
CORRECTION:

- The WOD and WOT are excuses for cops to thug-up and pretend to be soldiers WITH HOMO-EROTIC HARICUTS.

CORRECTION II:

And these COWARDLY, low-life, bottom-feeding, wannabes, always wear masks so as to avoid detection and escape scrutiny after the fact or out of fear, that some family member/friend will seek them out and without their heavy artillery and buds to protect them, might be made to atone for their actions.

Bunch of wusses all who I bet if they were ever confronted with a real "firefight," (like our Military Warriors they try to "pretend to be") they would crap their pants, drop their weapons and run home to hide behind their Mom's/Wives/Sisters skirts!!!

22 posted on 05/27/2011 7:39:26 AM PDT by Conservative Vermont Vet (l)
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To: Conservative Vermont Vet

absolutely.

...but whatever happened before, the Marine was still alive, when his wife and child came out of the closet.
SWAT refused to let the medics in, for 1 hour and 14 minutes.
then, they radioed they could go home, because the “suspect” was dead.

THAT makes it deliberate, calculated, murder.


23 posted on 05/27/2011 7:47:31 AM PDT by Elendur (the hope and change i need: Sarah / Colonel West in 2012)
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To: marktwain
"Put it together, and when you have drug rip-offs that occasionally happen where people disguise themselves as law enforcement officers, it all adds up," he said.

This begins to make sense. The cops thought Guerena was ripping off drug dealers. They weren't going to stand by while Guerena cut in on their action. They protected their turf.

24 posted on 05/27/2011 7:56:19 AM PDT by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: marktwain

Here’s his wife’s statement right after the incident:

http://azstarnet.com/online/pdf/pdf_c8f5246a-8825-11e0-9f33-001cc4c002e0.html

http://azstarnet.com/online/pdf/pdf_0955c118-8826-11e0-a691-001cc4c002e0.html


25 posted on 05/27/2011 8:28:45 AM PDT by Fido969
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To: marktwain

The reference to the unofficial Mexican saint “Jesus Malverde”, as “the narco saint”, is hideously stupid.

In Mexico, though their is little evidence that he even existed, it is believed that Jesus Malverde is the Mexican equivalent of Robin Hood. After a brief career, he was believed to have been captured and hung in 1909.

Thus, if some drug dealers in Manchester, England, decided they liked Robin Hood, the Nottingham P.D. would accuse Robin Hood of being a “narco saint.” It is about that silly.

If you want to see how popular he is, just Google “Jesus Malverde retail”.


26 posted on 05/27/2011 8:45:41 AM PDT by yefragetuwrabrumuy
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To: marktwain

“I have to do what I think is right to protect the case to ensure that it has the opportunity to progress where we think it should go.” — Sheriff Dupnick

He should say that again with his mouth full of meatballs.


27 posted on 05/27/2011 8:48:14 AM PDT by yefragetuwrabrumuy
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To: yefragetuwrabrumuy
Thus, if some drug dealers in Manchester, England, decided they liked Robin Hood, the Nottingham P.D. would accuse Robin Hood of being a “narco saint.” It is about that silly.

They are pretty desperate to destroy Jose Guerera's character. I think they screwed up very badly. They need to be held to account.

Oathkeepers is holding a rally there on Monday. I intend to be there.

28 posted on 05/27/2011 9:02:46 AM PDT by marktwain
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To: marktwain

Should be Guerena not Guerera


29 posted on 05/27/2011 9:04:10 AM PDT by marktwain
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To: marktwain

I highly recommend having organized contingency plans.

Both because Tucson can be wildly leftist, and though they deny it, leftists are far more prone to instigating violent attacks; and also Sheriff Dupnick, who is such a panicky knucklehead that he may try to “bust them up”, either officially, or by trucking in SEIU thugs.

Some suggestions for prior planning:

1) Be aware of any vehicle avenues of approach near the assembly.

2) Watch out for undercover police trying to infiltrate and incriminate, even as “agents provocateurs”, asking inflammatory questions or making violent and threatening statements, looking for agreement. So it is very good to have people prepared to audio and video record suspicious characters. Both uniformed and undercover police will probably video and photograph you as well.

3) False flag infiltrators hoping to hold up signs or banners while being photographed, to discredit the group, or who want to start fights.

4) Definitely create a ROE handout for everyone. And since there will be friendly LEOs there, make sure that everyone knows to “let them handle it” first, because they are experts in confrontation.

5) While many people will have guns, it would be good for some to bring stun guns and pepper spray as well, so the group will have less than lethal options.

6) Identify cover in the area, as well as shade. Bring lots of bottled water, and some folding chairs for the older folks.


30 posted on 05/27/2011 9:59:41 AM PDT by yefragetuwrabrumuy
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To: yefragetuwrabrumuy
4) Definitely create a ROE handout for everyone. And since there will be friendly LEOs there, make sure that everyone knows to “let them handle it” first, because they are experts in confrontation.

Right, and they showed that "expertise" in the situation with the marine which sparked this rally.
Honestly...

31 posted on 05/27/2011 10:31:42 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OldGoatCPO

We live in a police state.


32 posted on 05/27/2011 7:59:19 PM PDT by pacific_waters
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To: OldGoatCPO

We live in a police state.


33 posted on 05/27/2011 7:59:31 PM PDT by pacific_waters
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