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.

[Raider Sam]

Id say someone willing to kill based on a narcotics conspiracy has claimed another innocent life.

[Pan_Yan]

10 minutes of simple reconnaissance would have told them who was in the house, which by their own admission they did not know.

Would Pima County like to go ahead and write her a check for $50 million or would they like to face a jury?

Doesn't matter, it's not enough. They should disband these knuckleheads and give her the entire county SWAT budget for the next 30 years.

[TankerKC]

More info: SWAT team fired 71 shots in raid

[aMorePerfectUnion]

There are lots of ways police and bad guys try to get into a home.

I have installed the Strikemaster on all my doors to prevent kick ins
http://www.nokickins.com/customers.html

It was easy to do and at least it will make entering my home more
difficult.

ampu

[Persevero]

“Id say someone willing to kill based on a narcotics conspiracy “

Legally, they are only supposed to kill if defending their life or someone else’s. Not based on a narcotics conspiracy, or any other conspiracy.

That’s a law I can live with.

It doesn’t hold in home invasion situations, though. You can’t be expected to be able to verify the authenticity of a “SWAT” or “POLICE” claim while people are swarming in on you and your family. It is not reasonable.

[Ken H]

Friends - this was an ASSASSINATION!!

Lets see. They fired 71 shots. He fired 0. This was no accident. This was no mistake. This was intentional. This was murder.

Surprised to see this from one of FR's biggest cheerleaders for the War on Drugs.

I'll bet you're just shocked, SHOCKED!

[TankerKC]

A deputy's bullet struck the side of the doorway, causing chips of wood to fall on his shield. That prompted some members of the team to think the deputy had been shot, O'Connor said.

Un-friggin-believable.

[Raider Sam]

I agree that if life is in danger, then force can be justified. I dont blame anyone other than the guys who thought they had to use deadly force and the person who authorized SWAT to go in without knowing exactly that what they were looking for would be there.

This isnt the fault of the drug war, but it is a result. This, as in all shootings, is the fault of the shooter.

[sport]

I agree.

[Finny]

"Thinking it was a home invasion, Guerena got his rifle...."

It WAS a home invasion. Doesn't matter who's doing it. The action was by definition a home invasion.

Exactly.

[Ken H]

I don't support this activity but I still want to see drug laws enforced constitutionally.

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

[Clump]

This is a particularly scary situation since there are a number of instances where the bad guys have shown up wearing SWAT gear and appearing to be law enforcement only to terrorize and rob people.
What are people to think when SWAT shows up at their house and they have done nothing wrong? Rhetorical question of course.

[UnwashedPeasant]

"They want to be special forces, we should round them all up and send them to Afghanistan."

They prefer shooting at people who do not shoot back.

[TankerKC]

Police Confront Broward Judge at Gunpoint Confusion on Easter Sunday leads BSO to wrong house(FL)

[UnwashedPeasant]

"The SWAT team would not allow the paramedics to assist the victim"

Premeditated murder. They should all be executed.

[GlockThe Vote]

I have lost all respect for law enforcement in this country.

[brent13a]

As a law enforcement officer these stories not only infuriate me but make me very sad and mostly ashamed. Of all tools at the disposal of police, SWAT/TRT should be only the last resort and for specific things. SWAT/TRT should be used sparingly and it is being used way to often and for a lot of things that are not necessary.

Almost all officers ay my department carry enough firepower and wear enough “tactical” protection on regular duty that we can do and have done raids and warrant sweeps in our regular squad cars and regular uniforms. The utilization of SWAT-style teams should be extremely rare.

What happened to this man and his family was avoidable and unnecessary. I hope the wife and her family sues the sheriff’s department for millions and wins. Every senior officer that had a hand in the raid should be fired and brought up on charges. The State Police should be brought in and every aspect of their training and SOP’s should be scrutinized.

[mcshot]

I’d bet the holes in the shields entered from the SWAT side.
It’s like they just can’t wait to waist the lives of those historical polices agencies once protected and served.

[Sir Gawain]

It’s a shame he didn’t take a few of them out with him.