Former Marine killed by SWAT was acting in defense, family says

kgun9.com ^ | May 11, 2011 | Joel Waldman

[WaterBoard]

Jose Guerena, 26, was killed when a SWAT team came to his house to serve a search warrant


Guerena's wife, Vanessa, said the SWAT team did not identify themselves


Thinking it was a home invasion, Guerena got his rifle

Now, Pima County Sheriff's officials are refuting original claims that Guerena fired at the SWAT members. In fact, they confirmed his safety was still on when his gun was recovered. Also, officials said that reports that some SWAT officers' shields were riddled with bullets are also untrue.

SWAT gunned Jose down with 71 rounds fired in just about seven seconds; officials said they did not expect Vanessa to be home with their four-year-old son, Joel, who ended up witnessing his dad's death. Now he has questions about what happened, like so many others.

"The only thing he asked me, 'Mom, my dad a bad guy? They killed my dad! Police killed my dad? Why? What did my dad do?'" explained Guerena.

Jose's relatives want his children to know he did his best to be a great husband, dad and patriot.

[MileHi]

Missed the link.

Thanks

[Ken H]

I was wondering to what extent the federal government finances this sort of thing, and whether police departments have a financial incentive to have SWAT teams and make narcotics arrests. For example, one of the main opponents of marijuana legalization in California, who was also the head of a statewide police organization, said CA would lose significant federal dollars if Prop 19 passed.

How much in annual federal assistance does a police dept receive in a city of, say, 500,000?

What percentage of that is related to the War on Drugs?

[GlockThe Vote]

Yup. I look at cops now no different than I do jerks at the DMV harassing me.

[GlockThe Vote]

Testilie. Most of these warrants are pure bogus nonsense. Cops deserve the disdain they now get from the public. Where I live they treat the public like crap, issue expensive tickets like nothing, are rude etc.

Screw em.

[GlockThe Vote]

No, but until a bunch of these jackboots get put in their place, whether it’s via a jury, civil suit, or otherwise, nothing will change.

[GlockThe Vote]

No, but until a bunch of these jackboots get put in their place, whether it’s via a jury, civil suit, or otherwise, nothing will change.

[from occupied ga]

Too bad the Marine didn’t cap a few of them.

Agreed. Moral of the story. DON'T HESITATE TO FIRE or don't arm yourself at all.

[JoeFromCA]

I thank this man for his military service. I deplore law enforcement’s misstatement of the facts. That said, I would need more information to draw a conclusion. If, in fact, the police announced themselves, he simply didn’t hear and the police then confronted an armed man, the situation is a tough one. Law enforcement is taught to shoot to kill under such circumstances.
The fact that law enforcement’s statement of the facts changed is troublesome. However, fog of war/confrontation can sometimes muddle the information.
I’ll watch for more facts.

[TigersEye]

This is the county that has the second highest kidnapping rate in the world. Yelling SWAT or Police doesn't cut it. A no-knock warrant is a home invasion anywhere in the country and in Pima county there is absolutely zero reason to believe the home invasion happening to you is anything other than armed narco-human traffickers come to kill or kidnap you. On principle there is no reason to believe it anywhere.

Armed home invasions SHOULD be met with lethal force.

[Ken H]

If, in fact, the police announced themselves, he simply didn't hear and the police then confronted an armed man, the situation is a tough one. Law enforcement is taught to shoot to kill under such circumstances.

Well, I was 'taught' to kill in self-defense any armed intruders who bust into my home. I was also 'taught' to acquit homeowners who kill such intruders.

[Immerito]

Bingo.

[Immerito]

“A father to the fatherless, a defender of widows,
is God in his holy dwelling. “ (Psalm 68:5)

May the widow and her children turn to God during their time of grief and afterward.

[Republic of Texas]

They don’t use SWAT that way because criminals like that fight back. The Police are only interested in shooting surprised citizens who will most likely not shoot back. Once day that will change.

[papertyger]

“Did I just walk into a fan club meeting for the Cop-killer
Rapper that Obama invited to the White House?”

Don't be an ass. If you can't tell the difference between a “cop” and a paramilitary assault team your input here is nothing but an annoyance.

[papertyger]

And make sure you hold your position at a choke point.

[TigersEye]

If that’s what you think then turn around and walk right back out.

[Persevero]

“So where do stand on fedgov imposing a nationwide prohibition on drugs via the Wickard Commerce Clause? “

I am no constitutional scholar. I understand the Commerce Clause is abused.

I could support states enacting drug laws on a state by state basis. But since they don’t/can’t at the point, I prefer to see drug abuse laws enforced rather than not enforced.

Not to the point of warrantless home invasions, however. I can’t think of a reason I’d support warrantless home invasions, except for the real expectation of a life threatening crime being underway (a woman screaming help, murder out of her window before being dragged back inside or some such situation).

[chulaivn66]

As a former LEO I witnessed the arguments for and the formation of SWAT units in our city. The original justifications for their formation was valid. Hostage and sniping situations along with security for dignitaries being the primary reasons. Responses were limited although it was easy to envision their increasing encroachment into broader areas of responsibility to justify their costs for existence. As suspected, the leash was loosened to the point where we have drug warrant servicing added to the list. These are things uniformed and detective personnel did on a regular basis. Knock and announce, serve the warrant. Fire only if fired upon. There were no SWAT teams!

Now they deploy in armored vehicles, a stick of armed stormtroopers burst through the door in a mad rush, nearly simultaneous with the announcement and the flash-bang detonation(s), screaming at the top of their lungs for everything with a heartbeat to “get on the floor”!

It's wrong, wrong and triple wrong! This incident makes me sick to my stomach! The fact that it could have been done peacefully, without bloodshed, by a simple knock at the door... All to avoid destruction of evidence (so what) and give some training to a bunch of wannabe hotshots!

I hope they don't come to my door with that attitude. People other than myself will get hurt.

[Ken H]

I am no constitutional scholar.

If you don't know the gist of the Commerce Clause and Tenth Amendment, it's because you choose not to inform yourself. There's simply no excuse for such ignorance on a forum like FR. It's an outright display of contempt for the Constitution.

I understand the Commerce Clause is abused.

Thank goodness for that or you couldn't have your Drug War, right Mr. Wickard?

I could support states enacting drug laws on a state by state basis. But since they don't/can't at the point, I prefer to see drug abuse laws enforced rather than not enforced.

It seems you support the Fourth Amendment, but you're more than willing to trample the Tenth Amendment and the original Commerce Clause.

Out of curiosity, which of the other sections of the Constitution do you support, and which are you willing to trample?

[piroque]

With these Rambo-wannabe idiots firing 71 rounds in 7 seconds it’ll probably turn out to be their rounds that hit their equipment.

That description fits most local cops ,watching to much T V and movies ,shoot'm up

How many of the 71 shots hit the victim ?