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.

[tacticalogic]

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

The DEA has "Task Force" programs where local officers are trained, and in some cases equipped and paid by the federal government. Local badge, federal everything else.

[tacticalogic]

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.

I suggest you check your own state's drug laws before you make that statement. They can, and do. You've been conned into believing only the federal government can do this.

[microgood]

If they ever actually used SWAT the way they sold SWAT to the public this kind of bullsh1t would not happen.

There are over 90,000 SWAT Teams in this country and over 55,000 SWAT Raids a year. They even use them for seeking child support payments.

[Dead Corpse]

Amen.

[WayneS]

Exactly.

[WayneS]

Okay. I happen to have a problem with both.

I think “No Knock” warrants are a violation of the 4th Amendment to the U.S. Constitution. I'm sure 7 or 8 supreme court justices would tell me I am wrong, but I am capable of reading and understanding plain English so I discount their opinions as being politically motivated. Nevertheless, they dictate the law of the land, and so we continue to have ‘no-knock’ warrants.

As far as the ‘war on drugs’ goes, I think it has been largely ineffectual and a huge waste of tax money and manpower. It is one of primary reasons we have such large numbers of ‘militarized’ or ‘tactical’ law enforcement officers in this country. It is also the primary impetus behind the ‘legalizing’ of the “No-Knock” warrants we both despise. [These types of warrants are ‘necessary’ in order for law enforcement to get the ‘upper hand’ in the ‘war on drugs’, don't you know].

As far as I am concerned, both the ‘war on drugs’ and the ‘war on poverty’ are examples of government implemented social engineering programs with goals that simply cannot be achieved by government (i.e. fundamentally altering basic human nature via legal mandate). They both are, and have been, monumental failures since their inception.

[old curmudgeon]

What we are seeing is prohibition all over again.

We do not learn from history. Never have and never will because human nature is such that we will always believe that we are smarter than those who failed using the same approach.

[Forgotten Amendments]

When will the people get enough of State tyranny?

Wake up. Americans love this. They cheered Waco. They cheered Elian getting a machine gun in his face. Americans love war, torture, and prisons. They cheerfully comply @ the airports.

Name one politician who talks about this (besides Mayor Calvo). Name one talk show host who ever discusses bad cops. We're bi-partisan statists and it's only going to get worse.

[Forgotten Amendments]

The Nazi party had their own police force. It would be like the Democrat Party having their own police force.

What do you think the DOJ is? It's nothing more than the armed wing of whichever party is in power. And the GOP is just as bad.

[Poser]

“I would need more information to draw a conclusion.”

I concur. Until we have more information about the alleged crime and the circumstances requiring a no-knock raid and the specific actions of all parties during the raid, we cannot make an informed opinion.

[Persevero]

Fair enough and I understand your position.

I just don’t like it when those who are in favor of drug laws are also assumed to be in favor of no-knock warrants.

It ain’t necessarily so.

[Persevero]

“If you don’t know the gist of the Commerce Clause and Tenth Amendment,”

I do know the gist of it. I have said I believe it’s unjustly applied. I also know that you take at least a semester’s worth of Constitutional Law in law school, so to understand the history of all its twists, turns and abuses in the history of these United States is beyond me at this point. That doesn’t mean I don’t support the Constitution or want some of it discarded. Talk about leaping to conclusions.

If all you had to do was read the Constitution to be a Constitutional scholar, I guess the whole Constitutional Law class could be taken care of in 15 minutes. Since it takes hundreds of classroom and study hours, obviously, there is more to it than that. Most of it having to do with the history of its application. That’s is the bulk of what I do not know. And I probably don’t support some of it.

[Ken H]

I do know the gist of it.

Fine, then you should be able to give an informed answer to the following:

Do you think the Wickard decision, upon which the WOD depends, is in keeping with the original meaning of the Commerce Clause and Tenth Amendment... yes or no?

[Finny]

Thanks for being a cop, brent13a. I say a little prayer under my breath for every cop I see, that God protect him and guide him. THAT SAID, I'm afraid I'm one of those who is of the opinion that good cops are the minority -- it's the nature of the job. I have known some REALLY REALLY good cops who helped kids headed toward trouble get through it okay and grow up to be good updstanding citizens; sadly, I have known but mostly SEEN crappy cops on power trips drive somewhat misdirected but basically harmless kids into becoming "outlaws."

A bad cop's bad deeds expand exponentially -- but then again, so do a good cop's good deeds. Thanks for being a good cop and for putting your life on the line for the likes of me.

[Persevero]

“Do you think the Wickard decision, upon which the WOD depends, is in keeping with the original meaning of the Commerce Clause and Tenth Amendment... yes or no? “

Sorry Dad, I didn’t study the Wickard decision.

[Ken H]

You need not have "studied" Wickard to know the gist of it. As I'm sure you're aware, it was the landmark case during FDR's time that greatly expanded the reach of the Commerce Clause. It is what has allowed federal control over health care, education, what light bulbs you can buy, etc.

So I ask again, do you think the Wickard decision is in keeping with the original meaning of the Commerce Clause and Tenth Amendment... yes or no?

[Persevero]

“So I ask again, do you think the Wickard decision is in keeping with the original meaning of the Commerce Clause and Tenth Amendment... yes or no? “

I don’t. know. anything. About the Wickard decision.

[Gene Eric]

Maybe the military should review the killing of one of its men.

[Ken H]

I don't. know. anything. About the Wickard decision.

It's convenient for you not to know anything about.

You see, if you were to answer "yes" to my question, then you would have to maintain that federal control over health care etc. is in keeping with the original meaning of the Commerce Clause.

If you were to answer "no", then you'd find yourself in the position of supporting a federal policy that is based on a decision you believe is unconstitutional.

[Ken H]

should read "... not to know anything about it."