Pima County SWAT Officers' Shooting at Former Marine 71 Times Was Justified, Probe Concludes. Suspect Died in Hail of Bullets

Categories: News
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Firing more than 70 shots at anyone might seem like overkill, but the Pima County Attorney's Office determined that the 71 shots the county's SWAT Team fired at 26-year-old Jose Guerena were justified.

Guerena, an Iraq War veteran, was hit 22 times and killed in the hail of bullets, according to the PCAO's report.

He was the target of drug investigation that netted a whopping total of one bag of marijuana, which was found in a different home also targeted in the investigation.

Guerena was killed on May 5 in his home near Tucson, when the Pinal County Sheriff's Department's SWAT Team stormed his house and opened fire.

At the time of the shooting, Guerena was holding an AR-15 assault rifle, which the Arizona Daily Star is now reporting was pointed at the SWAT officers.

See the video of the shooting below (if video doesn't load, try opening it in the Firefox web browser).




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13 comments
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TheAntiCommie
TheAntiCommie

Based on the findings of the Pima County Attorney's Office the SWAT Team had not violated the law considering the actions of the former Marine. Because SWAT could create a situation where they could manufacture an adversary and then shoot and eliminate this adversary, there will be no charges filed (at least by this organization at this time). I hope that the State of Arizona or the Federal government will soon get involved with the any charges or civil actions that can be associated with this event since the PCAO is either under duress, has a conflict of interest or politically biased and controlled. The primary action is what most people call wrong and led to what many call MURDER. They, the Pima County Sheriff’s Department did not do their due diligence by insuring that their "Target" was not in a situation that his apprehension would endanger him or other members of the public. Had this been done there would have been no need for SWAT at this location. The strangest part of this action is that that it was not an arrest warrant. They would have only needed to detain him in order to perform the search warrant. This could have been done by officers without Para-military uniforms, weapons and actions.As a law abiding citizen I have many of the rights that are afforded a Police officer. I have the right to defend myself; I have the right to defend those around me. However, only when all other options are deemed to be unavailable can I use deadly force. In the event I was to use deadly force the County Attorney would advise the police to find any evidence that I did not use all avenues of escape or reducing the threat. If it were found that it could be perceived that I did not take those actions I would then be charged with murder.So if we apply the same thought process to Officer Jake Shumate, Marana police; Officer Jason Horetski Oro Valley police; Officer Hector Iglesias, Sahuarita police; and Deputies Kenneth Walsh and Chris Garcia, of the Pima County Sheriff's Department they would be charged and probably found guilty of murder. Their operations leader would also be charged with murder and the Sheriff, being associated with this, would ultimately be investigated and would probably be forced out or resign on his own.Our Military personnel do not get to use "I was just following orders" as a means of defense against actions that needlessly cause the death of another. They and the person that ordered them to take such action would usually be charged with murder.If the civilian police agencies want to organize and act in a Para-military manner then they should be subject to the same considerations as the Uniform Code of Military Justice, even if not applied by the Military. In the time of war the Military has more complex rules of engagement that our nations police agencies in a perceived time of peace. The Pima County SWAT has a very uncomplicated set of rules of engagement. Escalate, shoot, pretend to be open about the circumstances but yet make sure the "Stories" match and then pressure the County Attorney not to charge them. Think about the basic politics associated with this incident and you may feel that the actions of both the County attorney and the Sheriff are self-serving and could be designed to not expose additional cracks in their armor.Since this MURDER has happened I have thought many times about what my actions might be in a similar situation. When at home I always have immediate access to a weapon and I am skilled and ready to use it in a manner that is within the law. My family and I have discussed the actions we would take to avoid the use of deadly force and our responses when there is no other option. Of the PeopleBy the PeopleFor the PeopleLaw enforcement agencies regularly using Para-military forces in order to perform a basic law enforcement actions, escalating the situation and then killing their target as a justified means of defense is no longer...Of the PeopleBy the PeopleFor the PeopleSound the Division Bell.

Blah
Blah

This is a sucky case, but honestly, EVERYONE knows you do NOT point a weapon at cops. In watching the video, you can clearly see them make announcements in English and Spanish, preceded by police sirens. For 99% of the population if a tank parks in your front yard, then lights up their siren and lights, and then they make POLICE, SEARCH WARRANT!!!! announcements in two languages, your first 50 reactions do NOT include grabbing a rifle and pointing it at cops.

Ross
Ross

Unless Sheriff Babeau was out of bounds, I think you mean PIMA county.

Shar Pei
Shar Pei

I wish the US Attorney's testicles had fully descended.  

Etrro
Etrro

why don't you go live in Mexico or something! The cops did nothing wrong, thug lover!

yeah_sure_right
yeah_sure_right

Here is what the tape shows happen outside:  A team parks in the driveway at the front of a house and activates a siren that sounds like a car alarm for 7 seconds.  Then, someone shouts for a few seconds something that is hardly audible from where it was recorded at the front of the house.  Three knocks on the door, then they immediately burst down the door and within a couple second start firing.  Everything described so far takes less than 40 seconds. Inside the house Guerena is in a back bedroom sound asleep.  Recently his relatives were killed in a home invasion.  His wife wakes him up and tells him armed men are breaking into the house.  He tells her to take her child and hide in the closet. Grabs a gun, exits the bedroom and walks into a hail of 71 gunshots.His wife from the closet calls 911 for help and then comes out and pleads with them to help her husband who is bleeding to death.  They refuse to help or let the medics attend to him. Instead they throw her on the ground, point a gun at her, making her leave her four year old to waunder around the house alone for a half hour with the dying father who is bleeding to death. An hour later they determine Guerena is dead and send the medics home. No medical care was administered.The sheriffs department says that everything was absolutely according to procedure and there is nothing wrong with their procedures. They have also embarked on a non-stop campaign to slander this man, his wife and family--even without a shred of proof or evidence claiming Guerena murdered his own relatives in the home invasion. If this behavior is not outrageous, I do not know what is.

TheAntiCommie
TheAntiCommie

Everyone knows you do not need SWAT to serve a search warrant when there is no eminent threat. Can't have one without the other. 

Skepticalsinner
Skepticalsinner

THUG LOVER???? You're the one siding with the police on this travesty.

There was no reason for a no knock paramilitary raid on this mans home. He could have been easily arrested pulling in his driveway... but no, our Attorney Generals love writing out the Rambo Orders - makes them look "tough on crime".

And all of this for 1 bag of weed. Wow. Great bust.

Kenmcl
Kenmcl

thug lover! Did they find drugs or money  in his home? exaclty! the warrant was for conspiracy! so if your family was like that what would you do? He can help who his firends are but not his family!   Hell yeah he was military and if i got woke up from people banging on my door and smashing it in and i was half dazed and asleep still! You better believe that i'm going straight for my gun! It was still on safety so he was assessing the threat level like he was trained to do by your ever so loving marines! Thug he bled for our country over seas so you could type your go live in mexico smart ass remark! Get over it  it would be different if it was your family,but since it is not then it is easy for you to make your comments!

Kenmcl
Kenmcl

oh please do excuse the misspelling and a few errors on my behalf! I'll point those out for you before you try and bash me for them! Its juvenile for you to make those kinda comments! Someones child,parent,husband best friend died in front of them did you listen to the 911 call? hhhmm i did and she had no idea who was out side so do the math! she was in the closet and he was doing the right thing! I would have done it! Just because your family is associated might not mean that you are maybe he was maybe he wasn't either way some one lost there life and it happened in front of his family! tragic!   

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