AZ - Jose Guerena Shot 60 Times By SWAT Team

SWAT Team's Actions Ruled "Reasonable And Justified"...

....."Under the circumstances, and based upon our review of all the available evidence, we have concluded that the use of deadly forces by the SWAT Team members was reasonable and justified under the law. Accordingly, the Pima County Attorney's Office finds no basis to prosecute," according to the ruling on the shooting by Pima County Attorney Barbara LaWall.....
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http://www.kold.com/story/14901148/swat-shooting-of-guerena-ruled-reasonable-and-justified



.....In the report, Chief Criminal Deputy Attorney David Berkman says their analysis confirms Guerena pointed a rifle at the officers.

Berkman writes:

"A close examination of the rifle revealed it appeared to have been damaged by being fired upon from such an angle that it must have been pointed toward officers."

"The officers were mistaken in believing Mr. Guerena fired at them. However, when Mr. Guerena raised the ar-15 semi-automatic assault rifle in their direction, they needed to take immediate action to stop the deadly threat against them.".....
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http://www.kgun9.com/story/14901255/pima-county-attorney-sides-with-swat



The team members were: 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. Chief Criminal Deputy David Berkman determined there is no basis on which to prosecute those officers.

>snip<

Officer Garcia was the first to shoot after "fearing for his life," Berkman said in his findings, and that first shot produced a muzzle flash that other officers thought was a muzzle flash coming in the opposite direction.

Officer Iglesias then slipped and fell backward, which the other officers mistook as a fall after being shot, Berkman wrote.....
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http://azstarnet.com/news/local/crime/article_3f13aacb-4bba-5d0c-a4bc-623bf465e9a5.html

[thinking]
 
Terminator03 said:
I totally agree. What is stupid, though, is having an AR in your hands, knowing that the cops are coming in if you don't plan to use it! It's kind of like the whole brandishing thing. You don't pull your gun out unless you plan to use it. Same principle here, because he was just asking to be shot just for having it in his hands. There is no way a bunch of adrenaline pumped swat guys would have any clue as to whether he had the safety engaged, or whether he planned to shoot them, so it just became "survival mode" for them unfortunately. I would never make that mistake of having it in my hands if I didn't plan on using it.
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If you are not doing anything illegal why would the cops be coming in? If the gangs were using this same tactic of anouncing themselves as the police would you want to take the chance?
I keep hearing the argument with police and government actions "if you have noting to hide/doing nothing illegal why would you have a problem with searches/no knock entrances/ect"
Well if I am doing nothing illegal I would assume whomever is breaking down my door is a criminal and looking to kill me, not the police looking for non-existant drug dealers.
The situation which has been created is lose/lose for everyone involved. If the marine had not put his weapon on safe and shot at the dark figures breaking into his house several officers might have died and a criminal would have been created, now a family lost it's husband/father/son because of this.
If this Marine had been a criminal he had the drop on the officers and might have taken several out.
To bad no one will actually work on a better solution rather then justifying the actions taken.
 
glide said:
Don't they elect their sheriff's out there? If the courts don't want to clean house...get someone in there who will.
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Az is no different than anyplace else. By the time the election rolls around Mr. and Mrs. Pima County will have forgotten all of this...and replace with what? Just another pol who might be better but could be worse.
 
goofycj7 said:
If you are not doing anything illegal why would the cops be coming in? If the gangs were using this same tactic of anouncing themselves as the police would you want to take the chance?
I keep hearing the argument with police and government actions "if you have noting to hide/doing nothing illegal why would you have a problem with searches/no knock entrances/ect"
Well if I am doing nothing illegal I would assume whomever is breaking down my door is a criminal and looking to kill me, not the police looking for non-existant drug dealers.
The situation which has been created is lose/lose for everyone involved. If the marine had not put his weapon on safe and shot at the dark figures breaking into his house several officers might have died and a criminal would have been created, now a family lost it's husband/father/son because of this.
If this Marine had been a criminal he had the drop on the officers and might have taken several out.
To bad no one will actually work on a better solution rather then justifying the actions taken.
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Well, that was sort of my point. Either he was in fact doing illegal crap AND expecting it to be the actual police, or if he thought it might be gang bangers, then why in either situation would you have the AR and not only not use it, but have it on safe? If he knew it was actually police, then having an "assault weapon" in your hand is pretty much a death sentence (at least from what we've been seeing lately). If he suspected gang type police imposters, then he should certainly have been ready to open fire, and not have the safety on. So this is why I'm confused... neither scenario really makes any sense. I'm thinking that he may have had it with him, and dropped, or set it down once he realized it was actually the "real" swat team, and after they gunned him down, used the fact that he was "holding an assault weapon" to help justify the killing.
 
Terminator03 said:
I totally agree. What is stupid, though, is having an AR in your hands, knowing that the cops are coming in if you don't plan to use it! It's kind of like the whole brandishing thing. You don't pull your gun out unless you plan to use it. Same principle here, because he was just asking to be shot just for having it in his hands. There is no way a bunch of adrenaline pumped swat guys would have any clue as to whether he had the safety engaged, or whether he planned to shoot them, so it just became "survival mode" for them unfortunately. I would never make that mistake of having it in my hands if I didn't plan on using it.
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Don't forget, Guerena was asleep after working a night shift. His wife woke him out of a sound sleep and announced that intruders were outside. The SWAT team then set off two flash bangs just before entry was made at the front. Think of yourself being awakened by a screaming wife, having bangs going off outside, followed by your front door being broken down a few seconds after that. Yet, I give Guerena more credit for recognizing that the intruders were actually police and either re-engaging the safety and not taking the rifle off safe. Contrast this with the keystone cops who SWORE they were shot at by Guerena. They maintained that story for days. Anybody who has been shot at can attest there is no mistaking the crack of a bullet whizzing by your head. Frankly, I think this particular team was incompetent.
 
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.
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No doubt HS Precision will be contacting these murderers to see if they want to appear with Lon Horiuchi in any of their upcoming ads. [angry2]
 
n1oty said:
Don't forget, Guerena was asleep after working a night shift. His wife woke him out of a sound sleep and announced that intruders were outside. The SWAT team then set off two flash bangs just before entry was made at the front. Think of yourself being awakened by a screaming wife, having bangs going off outside, followed by your front door being broken down a few seconds after that. Yet, I give Guerena more credit for recognizing that the intruders were actually police and either re-engaging the safety and not taking the rifle off safe. .
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This info is incorrect. There were NO flash bangs used, SWAT pulled up in front of the house and turned the siren on, then banged on the door while stating they are police, SWAT used English and Spanish. When they breached the door, started to walk inside and saw the suspect pointing his rifle.

The wife stated that she DID hear the siren's, and she knew it was SWAT.

And just so everyone knows the only person that can authorize a warrant is a Judge.
 
OCPD806 said:
This info is incorrect. There were NO flash bangs used, SWAT pulled up in front of the house and turned the siren on, then banged on the door while stating they are police, SWAT used English and Spanish. When they breached the door, started to walk inside and saw the suspect pointing his rifle.
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Your info is incorrect. Two flash-bangs were deployed at the rear of the house. It's in multiple articles.


The wife stated that she DID hear the siren's, and she knew it was SWAT.
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When? When being questioned in English, despite her poor grasp of the language, immediately after seeing her husband killed?


And just so everyone knows the only person that can authorize a warrant is a Judge.
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Correct. Did you read the BS affidavit? The judge should be co-defendent with the SWAT team.
 
OCPD806 said:
This info is incorrect. There were NO flash bangs used, SWAT pulled up in front of the house and turned the siren on, then banged on the door while stating they are police, SWAT used English and Spanish. When they breached the door, started to walk inside and saw the suspect pointing his rifle.

The wife stated that she DID hear the siren's, and she knew it was SWAT.

And just so everyone knows the only person that can authorize a warrant is a Judge.
Click to expand...


No. My info is correct in all respects.
 
so they were cleared of criminal wrong doing, I wonder if his wife will file a civil suit against the city, the judge, the department, and each officer?

An investigation by cops/of cops found no wrongdoing....I wonder if a jury of taxpaying citizens would feel the same way?
 
derek said:
Nothing to see here civilians, move along.

http://abcnews.go.com/US/arizona-swat-team-cleared-marines-killing/story?id=13842029
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A close examination of the rifle revealed it appeared to have been damaged by being fired upon from such an angle that it must have been pointed toward officers,"
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They shot 70 times, if the gun was on the ground it would have got hit too I bet.

He said "many guns" were found in the house, including the AR-15 that Guerena was holding, another rifle and a handgun. Body armor and a U.S. Border Patrol hat also were found, he said.

"He was well-armed, well armored," Krygier said.
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uhoh, better clean out the gun room.
 
OCPD806 said:
This info is incorrect. There were NO flash bangs used,
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Bullshit! There's pics of the expended devices on the crime scene! The LEOs also admitted to popping the things, as a distraction. (they sent LEOs in the back as well as the front) Do a little research before running your mouth.

-Mike
 
derek said:
Nothing to see here civilians, move along.

http://abcnews.go.com/US/arizona-swat-team-cleared-marines-killing/story?id=13842029
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Hey, if you can't trust the government to investigate the government, who can you trust?

The people of southern Arizona, like people everywhere, have allowed a short-sighted fear (of illegals and drugs) to enable an entrenched police state. They have sacrificed everything in their search for safety. The illegals and the drugs are still there. And on top of it they have a government that takes and kills at its whim -- a joke where the punchline is delivered with military force:

98WZ_RP_hunt_arizona_tankMedium.jpg
 
How many times does a judge deny a warrant?

Maybe if the cop scribbles on a pad something like this...

"We wanna warrennt to search 2850 pueblo ave cuz, well, we be thinkin the guy inside sellin drugs, smack, bad s**t like that. Evidens? We got plenny of that. A bum on the corner told us so. That means we be justified. PS: We also want a permit to shoot dogs..... OK PLS THX BAI"

-Mike
 
KBCraig said:
Your info is incorrect. Two flash-bangs were deployed at the rear of the house. It's in multiple articles.



When? When being questioned in English, despite her poor grasp of the language, immediately after seeing her husband killed?



Correct. Did you read the BS affidavit? The judge should be co-defendent with the SWAT team.
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Incorrect, no flash bangs were used, check your source's.

The wife has been interviewed several times since the shooting, thats when she admitted that she knew it was SWAT, and heard the sirens.

You should read everything that has been released. The judge signed warrant is justified
 
JoeT said:
so they were cleared of criminal wrong doing, I wonder if his wife will file a civil suit against the city, the judge, the department, and each officer?

An investigation by cops/of cops found no wrongdoing....I wonder if a jury of taxpaying citizens would feel the same way?
Click to expand...

The officers are protected from civil suit. Since the shooting was ruled as justified, AZ statute protects the officer's from being sued, she can attempt to sue the city, but it wont go very far
 

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