Arizona Cops Shoot Former Marine In Botched Pot Raid

[DeSwiss]

Jose Guerena Killed: Arizona Cops Shoot Former Marine In Botched Pot Raid


Radley Balko | Huffington Post | Updated: 05/25/11 07:48 PM ET


Jose Guerena

On May 5 at around 9:30 a.m., several teams of Pima County, Ariz., police officers from at least four different police agencies armed with SWAT gear and an armored personnel carrier raided at least four homes as part of what at the time was described as an investigation into alleged marijuana trafficking. One of those homes belonged to 26-year-old Jose Guerena and his wife, Vanessa Guerena. The couple's 4-year-old son was also in the house at the time. Their 6-year-old son was at school.

As the SWAT team forced its way into his home, Guerena, a former Marine who served two tours of duty in Iraq, armed himself with his AR-15 rifle and told his wife and son to hide in a closet. As the officers entered, Guerena confronted them from the far end of a long, dark hallway. The police opened fire, releasing more than 70 rounds in about 7 seconds, at least 60 of which struck Guerena. He was pronounced dead a little over an hour later.

The Pima County Sheriff's Department initially claimed (PDF) Guerena fired his weapon at the SWAT team. They now acknowledge that not only did he not fire, the safety on his gun was still activated when he was killed. Guerena had no prior criminal record, and the police found nothing illegal in his home. After ushering out his wife and son, the police refused to allow paramedics to access Guerena for more than hour, leaving the young father to bleed to death, alone, in his own home.

http://www.huffingtonpost.com/2011/05/25/jose-guerena-arizona-_n_867020.html">MORE

- The Blue Thug Gang strikes again......

DeSwiss




"The world is a dangerous place, not because of those who do evil, but because of those who do nothing..." ~Albert Einstein

[Liberal_in_LA]

1. murder

[DeSwiss]

4. I'm sure they'll get a firm talking to and a stiff fine. n/t

[AndyTiedye]

38. First Read This as "I'm Sure They'll Get a Film"

and now that I think of it, that would be a really good idea.

Paging Michael Moore!

[think]

20. agree..nt

[dhill926]

26. yep........

[The Doctor.]

72. The more well-trained, well-diciplined man was murdered by cowboy wannabees

Jumped up on adrenalin and unable to control themselves.

[DeSwiss]

82. Hit with 60 of the 70 rounds that the POLICE GANG fired.

- On May 5th it was Jose. Tomorrow it could be one of us, unless we stop these jackbooted idiots.

[Dawson Leery]

2. The "liberal' "saint" Clarence Dupnik's thugs are repsponsible for this.

[DisgustipatedinCA]

5. In that case.....

thank god I'm committed to the ideal and not to the person. Did you have a particular point to make beyond the obvious comparison to sheriff Joe The Dictator?

[Dawson Leery]

6. I have never voted for a law enforcement official. For the most part

they enforce the law no matter how unjust it is. Also, they have a financial incentive to conduct such raids. Finds are valuable, it also
shows the Feds why their department should get more money. The system is that screwed up. I do vote for judges, but never for a Sheriff/Police board.

[DisgustipatedinCA]

10. thanks

I like the Pima Cty Sheriff compared to Joe Arpaio (may he rot in hell as soon as he's ushered there), especially as regards AZ's/Brewer's "papers please" law, but that's just one facet of the guy. Apparently, he also has an armored personnel carrier fetish, among other things.

[DeSwiss]

12. Funny, Wiki only describes him as a Democrat.

- Likewise, Democrats who are considered liberals are as scarce as hen's teeth. And any politician of any stripe being called a saint is an oxymoron.

But whomever their boss is, they're still just a bunch of ignorant thugs in my view......

[JonLP24]

19. Oh wow

That is the same Sheriff that we all praised for blaming the political rhetoric on the Loughner shooting. Too bad he is acting like a douche regarding the affidavits and search warrants.

[Yavapai]

91. He is the same sheriff that failed to investigate over 400 sex crimes.

"The Maricopa County Sheriff's Office failed to adequately investigate more than 400 sex-crime cases, including dozens in El Mirage, over a two-year period because of poor oversight and former Chief Deputy David Hendershott's desire to protect a key investigator from bad publicity, according to documents pertaining to a recent internal investigation released by the Sheriff's Office."

Read more: http://www.azcentral.com/arizonarepublic/local/articles/2011/05/21/20110521maricopa-county-sheriff-office-sex-case-investigations-mishandled.html#ixzz1NbjLhFn1

The Arizona Republic May 27, 2011.

"Shoot em for pot, as for the pedophiles, they are just teachen the kids bout the birds and the bees!"

[JonLP24]

92. The link you gave me is about Sheriff Joe

Unless I'm missing some sort of text. I was talking about Clarence Dupnik. Either way, Dupnik is coming across as an ass in this case.

[marmar]

48. Sadly, many Democrats have embraced this ridiculous 'War on Drugs'

nt

[Dawson Leery]

60. I have never voted for a law enforcement official.

The drug war and phony "internal investigations" has much to do with this.

[jwirr]

50. I thought about that also. And over marijuana.

[DisgustipatedinCA]

3. narco pigs

I have nothing but contempt for this sort of subhuman behavior and its practitioners. Man executed with 60 bullets, family present, APC present, all because they erroneously thought he had marijuana around.

[DeSwiss]

14. That makes two of us. n/t

[coalition_unwilling]

62. And they let the victim 'bleed out.' No reason why that I can see. I

sense a massive wrongful death\civil rights violation lawsuit approaching.

[AsahinaKimi]

7. wow ..

the police refused to allow paramedics to access Guerena for more than hour, leaving the young father to bleed to death, alone, in his own home.

It would seem Arizona is a dangerous place to be a minority, even if you served your country
proudly. Someone's ass should be brought up on charges, as well as losing their damn job. There is NO DAMN excuse for this.

[RainDog]

8. oh, how horrid

they killed a marine who had his safety on his gun and thought he was protecting his family -

because of a stupid, futile cash cow called the war on drugs.

I am so fucking sick of this shit I could scream.

[Fumesucker]

11. Joe Biden is one of the biggest drug warriors in DC.

He thinks this is all good..

[Fumesucker]

9. It's not that different anywhere else really..

http://articles.cnn.com/2008-08-07/justice/mayor.warrant_1_dead-dogs-cheye-calvo-trinity-tomsic?_s=PM:CRIME

A Maryland mayor is asking the federal government to investigate why SWAT team members burst into his home without knocking and shot his two dogs to death in an investigation into a drug smuggling scheme.

"This has been a difficult week and a half for us," Cheye Calvo, mayor of Berwyn Heights, Maryland, said Thursday. "We lost our family dogs. We did it at the hands of sheriff's deputies who burst through our front door, rifles blazing."

The raid last week was led by the Prince George's County Police Department, with the sheriff's special operations team assisting, after a package of marijuana was sent to Calvo's home.

[Recursion]

80. Ah PG County...

...the inner city meets the suburbs.

[DeSwiss]

15. Fixed.

"It would seem Arizona is a dangerous place to be a minority, even if you served your country."

[AsahinaKimi]

18. Sorry...

I liked mine the way it was.

[Kievan Rus]

13. The only policy in our history more tragic than the War on (some) Drugs is slavery

[coalition_unwilling]

63. Um, well actually, as bad as the war on drugs is, it pales in comparison

to the war the U.S. government waged on Native Americans. Hard to say whether what the government did to Native Americans is worse than slavery.

[JonLP24]

16. Shameful how they let him bleed to death

I always love those initial lies as well, such as the guy fell out of his wheel chair in the Political Videos forum.

[uponit7771]

47. RIGHT!!! He COULD have been saved, they murdered the guy and didin't follow procedures

[Logical]

17. Cops in this country are seriously out of control.....

I GUARANTEE these cops will not face any criminal charges.

They will lie and cover each others asses.

And this shooting will be labeled "100 justified".

Without Video cops very seldom get punished.

[oldbanjo]

45. And they wonder why people

don't respect the Police.

[Logical]

67. I am more shocked how many people respect them! n-t

[saras]

21. And they wonder why they can't get respect?

Fear.

Or respect.

Mutually exclusive. Choose one.

I personally just can't work up any sympathy or respect for someone who could do this, and go back to work the next day to do it again. There's a point where you just don't get to blame it on the boss, or the rules, or the law, or the system. You took a gun into the house of innocents and shot someone to death. There's nothing special about you to excuse it.

[Dawson Leery]

22. True.

I find it disturbing that domestic law enforcement gives themselves military style honors at funerals. :scared:

[MadMaddie]

23. The War on Drugs is a farce at this point!

May this young man who was protecting his family RIP!

In this case he was murdered by the police. Even if he didn't have a weapon (which is his right in AZ) he probably would have been killed.

The police had every opportunity before the raid to check out the residents criminal historys.

[krispos42]

24. I don't really have a problem with the shooting itself...

...in that having the safety on isn't really an impediment to quickly bringing the rifle to action. So Guerena was a clear and present danger to the SWAT team both in fact and in perception.


I have massive, major problems with the entire premise of the reason for the raid (i.e., War on Drugs), the justifications used for the warrants, and the subsequent cover-up.

SOMEBODY played fast and loose with the system, and SOMEBODY needs to be in prison for felony perjury.

[provis99]

28. if he had killed those cops in this situation, I wouln't have convicted.

It would have been a justified response to a home invasion.

[krispos42]

32. Neither would I

When you apply for a no-knock warrant, that's the risk you run... being gunned down by an alert, armed, and clueless homeowner defending himself and his family

[CreekDog]

70. but you're saying they are justified in shooting him first

:eyes:

way to support all out war between everybody.

i don't know :wtf: has happened to some people in this country. guns and violence and it's all good.

[Dawson Leery]

40. Nor would I.

And the FOP can go to hell. ENOUGH of this deference to authority.

[Selatius]

75. You probably would not find a jury that would vote to convict in most states. nt

[JonLP24]

29. I think

60-70 bullets is a little much but you make a good point. OTOH, if this guy didn't do anything wrong and isn't expecting SWAT (in one article I found, wife told news that she told her husband she saw a man out the window so in his mind--could be anybody) I understand getting the gun and checking out to see who it might be.

[krispos42]

33. 70 rounds is a bit much, indeed

Your average full-auto SWAT weapon fires 10-12 rounds per seconds, so this is a total of 6-7 seconds of gunfire. And over two magazine's worth.

Even if there were 3 SWAT members firing, that's still over two seconds of full-auto fire ripping down the hallway!

[CreekDog]

71. you said it was justified a minute ago

two children in the house.

nothing illegal or wrong on the part of the homeowner or anyone in that house.

but you said it was justified. shaking my head in disbelief.

[krispos42]

83. There is a point where it ceases to be justified.

Once the guy is on the ground, you stop shooting!

If the SWAT cops were instead armed intruders, their entry into the home would have been illegal and thus their actions against the armed homeowner (shooting him dead because he was about to shoot them) illegal. If somebody dies during the commission of a felony, it is the fault of the felons regardless of who dies.


However, the SWAT cops had a warrant, thus their entry into the home was legal. Since it was legal, defending themselves from the armed homeowner was also legal because they were not committing a felony.


It basically sucks all around.

[lonestarnot]

30. And you wouldn't draw your weapon if you had one if a gang was invading your home for no apparent

reason then?

[krispos42]

34. If I had one handy, then hell yes, I would have.

That's the point, unfortunately... in this situation, BOTH SIDES are justified in shooting first.


The idea is to not get into this situation any more than necessary!


And the war on drugs shit is pretty much not necessary.

[lonestarnot]

42. I do not have all the facts here, nor will I pretend to have them.

Is war on drugs the cop's scuse?

[krispos42]

84. It has caused the standards for warrants to be lowered drastically

Warrants and exigent circumstances for arrests, searches, and seizures. Confiscating property. Fingerprinting. DNA collection. Financial and banking transactions. Wiretapping. Computer hacking. Etc.



Not to mention the privatized, for-profit prison system that needs a steady supply of prisons to bill the state for. It's an $80 billion dollar a year industry, over 4 times NASA's annual budget.

[jwirr]

53. Doesn't the Patriot Act cover this and isn't that why people are so

upset about it? If they had knocked at the door and announced their mission this would not have happened. The PA makes it legal for them to bust in like that. Apparently he was living in a rough area and when someone comes bursting into his door he was prepared to protect his family. Had he known it was the police the question is would he have left the gun on the floor?

[coalition_unwilling]

65. Do you have a problem with the FACT that the pigs, er, cops, let the

victim bleed out? That's what makes it cold-blooded murder.

[krispos42]

85. Honestly, I can't judge without more details.

The guy was hit with 60 rounds. The cops were using either a submachine gun or an assault rifle; in either case the guy was shredded into chunky salsa by bullets. Odds are the guy took at least one round that was immediately fatal. Head, probably. But with a dozen or two gaping chest wounds, I doubt he would have survived even if the guy had the best trauma team in the country on him as soon as he hit the floor.

But it can't be ruled out that the wounds were of the type that were survivable if prompt medical attention has been received.


I mean, the homeowner was probably dead seconds after hitting the floor with untreatable wounds. If this is the case, then obviously waiting an hour doesn't particularly matter.


IF this is the case. This remains to be seen.

[coalition_unwilling]

86. I see your point. I hope the surviving family member get justice thru

civil litigation, becuase I doubt the system will police (npi) its own given the stonewalling the Sheriff is already displaying.

[krispos42]

89. They might call in Cheney's paper-shredding company!

But yeah, I hope the ACLU or somebody gets all over this.

[CreekDog]

69. you don't have any problem with 70 shots fired into a dark hallway

of a home where nothing was done wrong and the victim was no threat.

that speaks volumes.

:wtf:

[EFerrari]

76. If I don't want people to be a clear and present danger to me, I don't break into their homes.

:shrug:

[struggle4progress]

25. I thought the raid was about "a home invasion robbery ring" not "pot"

[JonLP24]

27. According to

Pima Co. Sheriff's Department Lt. Michael O'Connor

O'Connor: "This case involves a narcotics conspiracy case, which means that we are looking for a lot of different narcotics related material. That can be drug ledgers, scales, anything that would be in furtherance of this narcotics conspiracy. And it involved all four residents that we were looking at in that quarter mile of so of each other."

O'Connor: "We did find things that we were asking for in that. It may have been drug ledgers, narcotics paraphernalia, any other connecting material between the residences. Those things were found, in addition to a large sum of money. Somewhat larger that what you would expect to find in anyone's home."

Waldman: "Can you say if that was the residence where the shooting happened?"

O'Connor: "No, it was one of the four, but it was not that residence."

Waldman: "In that specific residence, did you find anything related to drugs, drug money, in that specific residence."

O'Connor: "We found information that was pertinent to this drug conspiracy case, yes. I'm not going to go into details on what those things were. But it was connecting material to the drug conspiracy."

more.
http://www.kgun9.com/story/14643812/this-case-involves-a-narcotics-conspiracy-case-which-means-that-we-are-looking-for-a-lot-of-different-narcotics-related-material-that-can-be-drug

Supposedly they have a video of this interview at the link but I haven't watched it yet.

[struggle4progress]

35. Well this is just confusing:

May 22, 2011
Questions Swirl Around Two-Tour Iraq Vet Shot 60 Times by AZ SWAT Team
By Fernanda Echavarri, Arizona Daily Star
The man shot and killed by Pima County SWAT officers was linked to a home-invasion crew, the attorney representing the officers said Thursday ...
http://nation.foxnews.com/justice/2011/05/22/questions-swirl-around-two-tour-iraq-vet-shot-60-times-az-swat-team#ixzz1NQKMb9Ij

Brodesky: Tucson deserves to know more about Guerena shooting
Opinion by Josh Brodesky Arizona Daily Star
Posted: Saturday, May 21, 2011 7:00 pm
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 ...
http://azstarnet.com/news/local/article_47d3b9b2-8345-11e0-a48d-001cc4c03286.html

Allegations in Tucson SWAT shooting incident
Posted on May 20, 2011 at 10:26 AM
TUCSON, Ariz. -- According to the lawyer defending the SWAT team that killed Jose Guerena, the Iraq war vet they shot 60 times in a raid was part of a home invasion ring ... The sheriff's department said the home was part of a narcotics conspiracy case ...
http://www.fox11az.com/news/local/Allegations-in-Tucson-SWAT-shooting-incident-122342934.html

Pima County will release no more information on SWAT standoff
Posted on May 18, 2011 at 2:17 PM
Updated Thursday, May 19 at 8:31 AM
TUCSON, Ariz. -- Word came Tuesday the Pima County Sheriff's Department will release no more information on this month's deadly SWAT standoff until investigators wrap up their work. Officers killed Jose Guerena May 5 while serving drug warrants at his southwest side home and those of three neighbors ...
http://www.fox11az.com/news/local/Pima-County--122189594.html

Arizona SWAT Team Defends Shooting Iraq Vet 60 Times
A Tucson, Ariz., SWAT team defends shooting an Iraq War veteran 60 times during a drug raid, although it declines to say whether it found any drugs in the house and has had to retract its claim that the veteran shot first ...
http://abcnews.go.com/US/tucson-swat-team-defends-shooting-iraq-marine-veteran/story?id=13640112

[JonLP24]

36. I just glanced through it real quick

but it seems the home invasion claims are coming from the attorney and depending on when he said that, they changed their story a few times as noted in the OP.

As I was typing this, I found this link.

The explanation by the Pima County Sheriff’s office for the home invasion has changed since the May 5 shooting. First reports by the Sheriff’s office were that the SWAT team’s mission was to break up a suspected drug ring and that Jose fired his weapon before the SWAT team fired back. That story was later reversed when it was discovered the safety on Jose's AR-15 was still locked. The motive for the SWAT team’s mission was then changed by the Sheriff’s office, which now says that "someone in the home" had been suspected of a connection with a home invasion robbery ring. The search warrant and court documents that would reveal what the SWAT team was looking for in Guerena's home have been sealed by a judge and are unavailable to the public.
http://newamericamedia.org/2011/05/why-was-latino-former-marine-shot-60-times-by-arizona-swat-team.php

Of course this is a column but the initial reports about drugs is backed up by the link I posted, I think.

[coalition_unwilling]

66. O'Connor is a fucking liar. - n/t

[Name removed]

31. Deleted message

Message removed by moderator. Click here to review the message board rules.

[JonLP24]

37. 911 call from wife

http://www.youtube.com/watch?v=9LsxnRUNKuE&feature=share

[progressoid]

44. Ugh. I could only listen to a minute of that.

Makes me sick to my stomach.

[Upton]

56. Delete

[meow mix]

39. war against pot is a war against people.

and its fucking sick

[slay]

52. +1

i don't currently smoke but i agree 100%.

[TheKentuckian]

41. We are going to have to defund the police. The police state is too dug in,

private prison industry is too profitable, the politics are too much low lying fruit to the most simplistic, the courts overrun with radicals to do much else.

[d_b]

43. Murdered

Shit like this is going to turn me into a militia nut.

[uponit7771]

46. THEY MURDERED HIM!! The didn't allow parametics to treat him for over an hour

and the police found nothing illegal in his hom

[jwirr]

49. This is more than shooting a Marine. They refused the medics to

assist him - that is MURDER.

[slay]

51. Fucking legalize marijuana already and end this madness!!!

this is totally unacceptable. i hope they sue for millions!!! hell billions is not enough to make up for this shit!!!!! :mad :grr:

SWAT and the DEA can fuck off and go to hell!

[PufPuf23]

54. Murderers.

There is no reason for militarized police units on a local basis.

Our justice system is corrupt, top to bottom.

Every cop is corrupt and will protect most other cops or will not continue in the profession.

[Odin2005]

55. The Pigs murder people? Who knew?

[Upton]

57. Fuckin' pigs..

we get this kind of shit because the damn drug war, which is really nothing more than a war on the American people, continues unabated.

What in the hell is the matter with the folks back in DC?...And I'm talking about both major parties....

[Logical]

68. Well, we 100% agree on this! :-)

[Blue_Tires]

58. It's time to also yank away the SWAT toys

from any department that isn't serving a MAJOR urban area, because after collecting dust they find any reason they can to use them...I'm seeing way too many of these over-zealous actions that resemble 5th graders playing a real-life video game or something...

I can't get my head around it...Did police really send SWAT and an APC to arrest ONE suspect on a pot bust? A suspect with a clean record to boot?

[Recursion]

59. "They found guns and body armor in his home"

No! You're kidding! A former Marine kept guns and body armor in his home?

Appalling.

[Iggo]

61. Yay, Cops!

They're the best!

[Dawson Leery]

64. The FOP needs to be broken up.

These pigs do not needs anymore "protection". They already have too much.

[tblue37]

73. Why do they always prevent paramedics from treating their victims after they shoot them? nt

[arcane1]

77. Dead men neither tell tales nor testify in court n/t

[blackspade]

74. Again, firepower trumps actual police work.

Not only do they raid the wrong house but they kill the guy who ownes it.
Shameful.
These cops should loose their jobs.

[dotymed]

78. These JackBooted Cowards

should be placed in our for-profit prison system for life... at the very least.
Although money can never replace a Father and husband, the Guerena family should become very wealthy, very fast.
What a country, no paramedics to save his life while the slobs attempted to cover their asses.

[Javaman]

79. Another sad casualty from the "war on drugs".

We read weekly about people being thrown into prison for something as little as having a joint, but it's these types of stories were people and families lives are destroy all under the aegis of the "war on drugs".

There is a war, my friends, but it has nothing to due with drugs.

[kenichol]

81. It's the whole war on drugs enchilada

That entire system of punishing substance users & abusers simply for using (I'm not talking about driving here) and using prisons (especially private ones) & the court and law enforcement instead of from a health perspective is unjust, expensive, a failure in terms of a goal of reduced use...

[DemReadingDU]

87. if interested, video on youtube now

http://www.youtube.com/watch?v=hd_OJmTL3jk&feature=player_embedded

[DreamSmoker]

88. Justice is out the window

The Cannabis issue has turned into the wild west when it comes to tactics used by LEOs..
No due process of law is the norm.. So the excuse that Federal laws have been broken and deadly force is used on Americans to eradicate Cannabis and its use by anyone is the goal.. LEOs have re interpreted the states laws to meat their plans..
Now here is one case that you can see it for your self...
Keep in mind that these stories never get the main medias attention because the Media is on the side of the Federal Government....
Recent press releases showed the Federal Government Justice Dept has threatened State Officials in all the MMJ States with legal actions as to influence their stand on this and back Federal laws over the States laws... This is the very same way recent threats by the Justice Dept have used in Texas on their Legislatures to influence Texas legislators to stand with the feds and abandon the People and states stand against what the Feds are doing...

The Federal Government of America is now at war with the American People....

My prayers and support go out the the families involved in this tragedy...

[Yon_Yonson]

90. Bunch of fucking trigger happy cops ...

Happy Memorial Day Marine and you wife and son will receive a Stars & Stripes Burial Flag. The cops will be suspended with pay pending an investigation; they will be elevated to knighthood and given some medals to adorn their blue uniforms. Then hollywood will get the movie rights and they will hire the cops as technical advisors and everybody will make a lot of money of your murder.

It’s was a dangerous place in Iraq but not anymore so than in the US of A! We are truly a sick society!

[lunasun]

93. Pima Cty, Arizona....what a surprise.....not....so sad; former Marine who survived Iraq X 2

[StarsInHerHair]

94. it is murder

[williamblake]

95. ose Guerena did not shoot at SWAT team that killed him

Earlier this month, a 26-year-old veteran of the Marine Corps, Guerena, was shot to death in a SWAT raid in his home. It has been determined that Guerena, an Iraq war veteran that went on 2 tours, didn't fire on law enforcement officers who broke into his house with a search warrant. The incident is raising lots of questions over police conduct. Here is the proof: Jose Guerena did not shoot at SWAT team that killed him, newstype.com