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Author Topic: Marine murdered by SWAT at home in Tucson, AZ  (Read 15674 times)
DennisLeeWilson
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« on: 2011-May-16 12:20:05 AM »

http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1062#msg1062
http://tinyurl.com/Remember-Jose

THIS is result of the UN-CONSTITUTIONAL, ILLEGAL and IMMORAL War on SOME DRUGS.
Marine murdered by SWAT at home in Tucson, AZ


2013-09-19 UPDATE: $3.4M deal reached in deadly Ariz. SWAT raid



'Why Did Police Kill My Dad?'

by William Norman Grigg

Recently by William Norman Grigg: The World’s Largest Street Gang

"Mom, was my dad a bad guy?" four-year-old Joel Guerena plaintively asked his mother Vanessa after her husband, 26-year-old Jose, was killed in a withering barrage of gunfire during a SWAT invasion of their home. "They killed my dad! Police killed my dad! Why? What did my dad do?"

To the extent the question posed by that traumatized child dealt with a moral justification for the killing, a good and sufficient answer would be: "Nothing." Jose Guerena was killed because he had the temerity to defend his family from a criminal assault carried out by armed strangers.

When the stormtroopers arrived shortly after 9:00 a.m. on May 5, Jose had just surrendered to well-earned slumber after working the graveyard shift at the nearby Asarco Mine.

Jose, a former Marine who served two combat tours abroad, had taken that job to provide for his young family after mustering out of the Corps. Jose had devoted the last hours of his life to producing wealth. Meanwhile, his killers were planning to lay siege to several homes in the neighborhood as part of the Regime's Narcotics Price Support Program, the murderous charade sometimes called the "War on Drugs." [If they were raiding at 9 AM, it looks like they planned to raid homes with only women and children while most men were at regular 8-5 jobs...Dennis]

Jose was able to get just a tiny amount of sleep before being startled awake by the terrified screams of his wife, who had seen a large party of armed men approaching them. One of them pointed a rifle at her; another shattered a window. None of them, she insists, identified himself as a police officer – not that this would make a substantive difference in moral or even legal terms.

"I saw this guy pointing me at the window," Vanessa recalled in a subsequent television interview. "So, I got scared. And, I got like, ‘Please don’t shoot, I have a baby.’ I put my baby [down]. [And I] put bag in window. And, I yell ‘Jose! Jose! Wake up!’"

According to his wife, Jose's last words were: "Vani, go into the closet with the kid. Go!" He then grabbed his AR-15 and went to confront the people who threatened his family. Seven seconds later, he was dead. His killers unleashed a fusillade of 71 shots.

Given that the marksmanship of the typical tax-feeder is on a par with that of the Imperial Stormtroopers from Star Wars, it’s likely that only a handful of the gunshots hit their marks, but that was enough. Jose was killed before he could pull the trigger. That doesn't alter the fact that he died on his feet, with his face to the enemy as he shielded his family against criminal aggression.

Neither Jose nor Vanessa had a criminal record. Nobody in their household took part in commerce involving non-government-approved mood-altering substances, and no evidence was found to suggest otherwise.

In the immediate aftermath of the murder, Jose’s killers – in keeping with established custom – began to traduce the victim's reputation, claiming that the slain husband and father was a violent suspect who had fired the first shot, and that a ballistic shield had probably saved the life of one of the assailants. This version of events was dutifully regurgitated by an initially uncritical local media.

Jose’s reputation was allowed to steep in that falsehood for several days before the PCSO grudgingly admitted the truth. "A deputy’s bullet struck the side of the doorway, causing chips of wood to fall on his shield," recounted the Arizona Daily Star, paraphrasing an account provided by PCSO functionary Michael O’Connor. "That prompted some members of the team to think the deputy had been shot."

The PCSO wasn’t through bemerding the memory of Jose Geurena, however.

In the new version peddled by the department, Guerena supposedly used his final seconds this side of eternity to channel Tony Montana, crouching down and growling: "I have something for you!"

The people who gunned Jose down – who are hardly disinterested witnesses – claim that he knew that he was drawing bead on law enforcement personnel. This is not what happened, even though Jose had every moral and legal right to use lethal force to defend his home from an unlawful invasion.


http://www.youtube.com/watch?v=fFhZ-G1Pb1Q&feature=player_embedded

Why was a SWAT team used to serve search warrants – apart, that is, from the fact that this would give the mirror-abusing, rifle-fondling poseurs something to do?

"Tucson is notorious for home invasions and we didn’t want it to look like that," insisted PCSO spokesman O’Connor, exhibiting the dull-witted refusal to acknowledge the obvious that typifies tax-feeders of his station. SWAT raids of this kind are nothing other than government-licensed home invasions. The only difference is that when a State-chartered gang meets armed resistance, it won't relent until it – and whatever allies it can recruit – has annihilated the target.

Between 2005 and 2008, seven counties in Texas were terrorized by a gang that carried out a series of home invasion robberies while dressed in SWAT attire and packing high-performance weaponry.

The robbers would burst into a targeted home shouting "Search warrant!" The victims would be beaten and zip-cuffed at gunpoint, and then the raiders would help themselves to anything of value they could find. On some occasions, when an initial search would turn up empty, the gang would employ what Dick Cheney and his groupies call "enhanced interrogation techniques," such as attacking vulnerable anatomy with pliers, or waterboarding a victim to break down his resistance. All of those tactics were directly inspired by the exploits of those who serve in the Regime's apparatus of armed repression – both here and abroad.

"I never imagined I would lose him like that, he was badly injured but I never thought he could be killed by police after he served his country," lamented Vanessa Guerena. The grim fact is that we shouldn't be surprised that a Regime capable of sending Americans abroad to terrorize Iraqis in their homes would employ the same state terrorism against Americans here at home. Jose, who had left the Regime's employ in favor of an honest life of productive labor, was murdered in his own home by an Empire he had served abroad.

As Vanessa observes, Jose was badly wounded – but his injuries may have been survivable, if they had been treated in a timely fashion. The SWAT team's behavior immediately after the shooting eliminates any doubt that this was, at very least, a case of criminal homicide through depraved indifference.

During the assault on her home, Vanessa called 911, and a team of paramedics was dispatched by the nearby Drexel Heights Fire/Rescue department. Medical personnel arrived within two minutes of that call. After emerging from her hiding place, the terrorized woman pleaded with the SWAT team to allow the rescue workers to treat her husband. Rather than doing so, they held help at bay for over an hour – until their victim was dead – supposedly in the interest of "security."


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

Several days after the killing, Tucson ABC affiliate KGUN obtained the emergency call records for Drexel Heights Fire Rescue. They disclosed that the agency received a 911 call at 9:43 a.m.; a unit arrived two minutes later. However, "deputies told rescue workers to stay put. That’s standard to be sure they won’t walk into danger. But they waited until 10:59. Then heard the radio call 'Code 900′; that means they were no longer needed because the person was dead. One hour and 14 minutes went by. Drexel Heights indicates they were never allowed to even examine Jose Guereńa."

Then again, the PCSO SWAT team, which was co-created by future Surgeon General Richard Carmona, has long boasted that its members include highly trained field medics who can render life-saving medical assistance on the scene of a shootout. Carmona told KGUN that "the care is not [rendered] according to good guy or bad guy or suspect. Whoever needs the care, gets the care as quickly and safely as possible."

Jose Guerena received no care of any kind for over an hour. Those who share my cynical cast of mind might suspect that the goons who murdered Jose may have been more interested in devising a suitable cover story than in saving the victim's life.

Owing to its proximity to the border with Mexico, Tucson is considered a high-activity "corridor" for smuggling drugs and unauthorized immigrants. During the past five years, nearly 40,000 people have been killed in Mexico on account of the proxy narcotics war being waged in that country by Washington. This ever-growing body count has provoked concern about the possibility that Mexico's drug-related violence might overflow the border.

This is exactly what happened to Jose Guerena and his family.

In recent weeks, tens of thousands of Mexicans have joined peaceful protests to demand an end to the demented "war on drugs" that is tearing their country apart. The skimpy U.S. media coverage of those protests has largely focused on speeches and slogans condemning the depredations of Mexican narcotics kingpins, who are typical of the criminal scum that rises to the top whenever government-imposed prohibition is inflicted on a society. But this is just one aspect of the multi-faceted ugliness on display in Mexico.

Since the administration of Felipe Calderon began its U.S.-abetted drug war in 2006, observes Louis Hernandez Navarro of Mexico's La Jornada, "Tens of thousands of people have been murdered. Many of them were unarmed, and had not picked a fight. They were not killed as part of the all-out war between rival drug cartels or during clashes between the military and/or the police and organized crime gangs. Their deaths were crimes committed in a country where vast areas are under a non-declared state of siege, patrolled day and night by thousands of police and military."

What Navarro describes are scenes from the southern front of the Regime's longest war – the one waged against its own citizens in the name of drug prohibition. He is also offering a preview of what life will soon become on this side of the border, as well.

The murder of Jose Guerena by a federally subsidized death squad would fit very nicely into that bloody Mexican milieu – and it's a harbinger of the kind of state terrorism that will become increasingly commonplace until the Regime is put out of our misery.

May 16, 2011

William Norman Grigg [send him mail] publishes the Pro Libertate blog and hosts the Pro Libertate radio program.


Copyright © 2011 William Norman Grigg

He talks more about Jose Guerena in this interview: Lew Rockwell interviews William Norman Grigg.


UPDATE: Swat Team audio/video reveals how deadly raid went down

http://www.youtube.com/watch?v=NHc4nC2X2Pk&NR=1
Uploaded by TheDarkSideOfNews on May 27, 2011

[The short video recording shows that deputies approaching Jose Guerena's home turned the sirens on for a few seconds as they approached. It also shows them announcing themselves, then knocking down the front door and firing their guns.
YOU count the seconds between first "knock" and gunfire...dlw]

[After all, 15 seconds (watch the videos) of pounding by armed thugs should be enough time for anyone to open the door... http://tinyurl.com/QUICK-DECIDE-NOW ...dlw]

Late Thursday afternoon the Pima County Sheriff's Department, responding to public records requests, released video and documents related to the shooting of Jose Guerena. Guerena died on May 5 when a SWAT team arrived at his Pima County home to serve a search warrant. The SWAT team's attorney has said that when the team broke down the door, they saw Guerena standing there with a rifle and that he said, "I've got something for you." The team then opened fire, expending 71 rounds and hitting Guerena 60 times.

Guerena's wife Vanessa said that she and her husband never knew the men breaking into her home were SWAT officers. SWAT attorney Mike Storie has said that the team came in with sirens blaring and properly identified themselves.

Among the items the Sheriff's Department released was a clip of helmet cam video showing the raid in progress. The video shows that the team did use a siren for about eight seconds, then stopped. The video shows the shooting erupting and also shows a SWAT officer falling. Storie said previously that the team at first thought that Guerena had fired and that one of their men had been hit. It was later learned that Guerena never fired.

At the end, mention is also made about Guerena's relatives being murdered recently during a home invasion.

9 COMMENTS
    fuck the police
    lukespooky 1 hour ago

    Police search Warrant open the door. Then they knock in the door. Does anyone answer the door that fast? did anyone knock on the door and to be allowed in the house in a proper way to actually get someone to open a door? Oh yeah they don't have to because you have no rights and your supposed to do as your told w/o question Otherwise you get the heel of a boot. Somebody needs to make a new "No kick in my door and shoot me down in front of my Family like a dog" flag like "don't tread on me" .
    JRMCNEA 5 hours ago

    These cops need to be arrested, convicted of first degree murder, and spend the rest of their lives in a pound-me-in-the-ass federal prison. It's time to say "ENOUGH!"
    hittman6 5 hours ago

    these jack boots have got to be stopped.. he lived through 2 tours in Iraq just to get shot down in his home. this is bullshit!!!!!!!!!!!!!!!!!!!! I think all SWAT should show there face because if the law needs no warrant to come in your house shooting nor should we. This bullshit is going to get a lot worse in the US. swat is just as bad as the TSA....jmo
    DiversDungeonTattoos 5 hours ago

    And they didn't find a single illegal thing in the home.
    someidiotchild 6 hours ago 2

    Killed because of pot?
    Why is it still illegal?Huh
    OniLinkSword 6 hours ago

    What happened to the AUDIO? This is all about the audio. Upload it again and spread it around. Don't let this go down the memory hole. This method of serving warrants has got to be stopped. These cowardly thugs have no right taking lives like this. They should all be arrested and the people that planned this should be tried for murder. The initiation of violence must be completely outlawed.
    IMNumber6 9 hours ago

    Executed! Pot raid, no pot. As was explained in press report. Dbl tour Iraq vet. Hope the wife & child get something for this. Heads should roll.
    Algonac9 12 hours ago 2

    The cowards executed him, string them high!
    jpassion222 21 hours ago 2

Swat attorney says video speaks for itself

http://www.youtube.com/watch?v=FBb61_eV-bo&feature=related
Uploaded by TheDarkSideOfNews on May 27, 2011

"SWAT attorney says video speaks for itself" --and I agree. It says to me that the Fourth Amendment is DEAD, DEAD, DEAD! The really scary thing is that these Deathsquad apologists REALLY BELIEVE that THEY are being good and righteous! Who will save us from our "protectors"? [Hint: It will NOT be the US Marines with their Semper Bullshit!]-- Dennis

"If you behave unethically, then you have chosen. The Nuremberg Defense didn't work for the Nazis and it doesn't work for IRS agents, soldiers, [SWAT] or any other human being."

HERE are the stories behind some of the links above,
insurance against the links becoming empty, which often happens.

« Last Edit: 2013-October-02 07:03:47 PM by DennisLeeWilson » Logged

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« Reply #1 on: 2011-May-16 12:05:37 PM »

http://tinyurl.com/Semper-Bullshit
  
"Semper fidelis" has served as a slogan for many families and entities, in many countries, dated to  the 16th century. The motto was adopted by the United States Marine Corps in 1883, and was intended to signify the dedication and loyalty that individual Marines are alleged to have for "Corps and Country", even after leaving service. Marines frequently shorten the motto to "Semper Fi". Before 1883, Semper Fidelis had a long and honorable history[4]--one that the US Marine Corp certainly has failed to enhance.

Semper Fi ?!?  Ooo Rah? Huh  How about Semper Bullshit!  Angry  
http://tinyurl.com/Semper-Bullshit

Where is the outrage at the brutal SWAT raid, shooting and slow agonizing death[6] of a fellow Marine, denied medical attention, in his own home, in the presence of his wife and 4 year old son?! After working a 12 hour shift, and sleeping 1 hour, he was murdered by police with fully automatic military weapons supplied by the same government for which he once worked. He left a widow and two young sons.

http://tinyurl.com/Remember-Jose

Have all the "retired" and "former" marines become "EX" marines? I thought "US Marines" made a point of denying that there WERE "EX" marines. Perhaps they are all working for SWAT[1] now, using their Iraqi-gained gang-banger skills of door kicking and civilian shooting against their own fellow "Corps" EX-marines, here in their own "Country", the USA. Perhaps "Semper Fi" does not hold true for EX-marines with Latino names? Perhaps that phrase in The Oath about "enemies, foreign and domestic" is just a bunch of empty, pretty sounding, fill-in words!

"Semper Fi" indeed. If that phrase had any semblance of truth and honor for Marines, like it did for Scottish Clans before them, there is one particular SWAT team that would no longer be walking this earth and planning its next unlawful raid against peaceful "Corp" members and productive[5] citizens of this "Country" to which Marines are allegedly faithful.[2][3]

Screw "Semper Fi", Ooo Rah and all the feel-good Marine-buddy horse play and bullshit! Screw all that Big Boy talk because TALK is all that it is, ever was and ever will be. The "Fidelis" has all the sincerity of a college drinking fraternity.

"Semper Fi"? PUT UP OR SHUT IT UP! I'm sick of hearing it!



[1] SWAT -- An UN-constitutional, lawless, American-GESTAPO, Federally subsidized, local Death-squad of late twentieth century origin.

[2] In U.S. vs. John Bad Elk, the U.S. Supreme Court made it clear that resisting an unlawful arrest, even if doing so requires killing the cop, can be legal.  

[3] See Indiana: Full Frontal Fascism for what our future holds.


[4] See http://en.wikipedia.org/wiki/Semper_fidelis

[5] Semper Industrius

[6] Update: Apparently they shot him 60 times and were then afraid to enter the house and face him again for more than an hour--even though his wife came out and said he was shot and needed help.


Civilized people don't break down doors for ANY reason.
If one ACTS like home invaders, expect to be TREATED like home invaders!
When alleged "cops" act like uncivilized barbarians or occupying armies,
they should expect to be treated as such!
They KNOW this, of course.
That is why they wear body armor and attack in packs like wolves.
Do they wear the armor while watching TV at home? Or when they start their car in the morning?
They probably do because a wolf without his pack is very vulnerable and undoubtedly paranoid.

"If you behave unethically, then you have chosen. The Nuremberg Defense didn't work for the Nazis and it doesn't work for IRS agents, soldiers, [SWAT] or any other human being."
“Uncontrolled search and seizure is one of the first and most effective weapons in the arsenal of every arbitrary government,” Justice Robert H. Jackson, the former chief United States prosecutor at the Nuremberg trials, wrote in 1949. “Among deprivations of rights, none is so effective in cowing a population, crushing the spirit of the individual and putting terror in every heart.”

http://www.lewrockwell.com/blog/lewrw/archives/91768.html

Wisdom From an Ex-Marine
Posted by Laurence Vance on July 20, 2011 07:58 AM

My response to those that claim they protect our freedom is this:

  • When was the last time you protected me from the federal or state governments that have no problem enacting laws that require background checks for gun purchases, enacting laws that enable police to set up roadblocks (checkpoints) for whatever reason, and allowing police to break into my house and search for whatever they want without telling me?

  • What have you done to keep the federal government from searching my library records and telling the librarian she will go to jail if she lets me know? When have you protected the people against no-knock warrants to enforce a draconian law that prohibits the possession of a plant? A PLANT!!! The list is too long.

So protect my freedoms like you claim to do. But do it here in the States united not in Iraq, Afghanistan, Yemen, Pakistan, Somalia, or Libya.

It looks like SOME marines are beginning to get the message...
http://dennisleewilson.com/simplemachinesforum/index.php?topic=608.msg1215#msg1215
« Last Edit: 2013-August-20 09:50:08 PM by DennisLeeWilson » Logged

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« Reply #2 on: 2011-May-17 01:52:15 PM »

Link to this page...:
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1069#msg1069

This link was also found in original article above
http://www.constitution.org/uslaw/defunlaw.htm

Your Right of Defense Against Unlawful Arrest

“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”

“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.

“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.

“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.

“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).

“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).

“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).

“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.

As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)
« Last Edit: 2012-July-11 10:25:31 AM by DennisLeeWilson » Logged

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« Reply #3 on: 2011-May-17 02:50:21 PM »


Home invasion; cop or not?

OR MAYBE HE WAS!

It doesn't matter because the Fourth Amendment is DEAD
AND SO ARE YOU!
Just like Jose Guerena --murdered by SWAT,
and his two relatives Cynthia and Manny Orozco--murdered by invaders.



OlegVolk.net
    April 21st, 2010 2:27 pm CT

Steve D. Jones

    Fort Smith Gun Rights Examiner


Just after 10 p.m. on Monday night, April 19th, Little Rock homeowner Rachel Woods went to her door in response to a knock. When she asked who was there, a voice said, “Little Rock Police”. She called her husband on her cell phone, who then advised she should disable the house alarm and let them in. When she attempted to disable the alarm, the door was kicked in and three men with “Police” on their shirts forced their way in.

The official police report gives this description:
 
  • She described the first suspect as a black male, 20-30 dressed in all black with a T-Shirt that had "POLICE" in big letters on the front, med-dark skin, with a goatee. She advised the other subjects were wearing pull over masks dressed in all black with "POLICE" on the front of their shirts.
   
Mrs. Woods was demanded of money and then she was shot in the upper leg. The burglar alarm, which had been loudly going off from the time the door had been kicked in, finally frightened the men away.
 
 
What are an Arkansas homeowner’s options in a situation such as this? The number of home-invasion robberies seems to be picking up in the state, possibly due to the poor economy. Many citizens are arming themselves before answering the door, preparing themselves for anything. But what do you do when someone identifies themselves as police, then crashes your door before you can open it, as happened Monday night?
 
Complicating matters even more, a similar incident took place in North Little Rock in January, 2008. This time, however, the intruders were the North Little Rock SWAT team. The North Little Rock Police had a legal warrant, but had the wrong house number. In this incident, the homeowner had simply picked up a gun beside his bed when he heard windows breaking and the door being kicked in. He was then shot several times, .223 caliber bullets narrowly missing his heart and almost severing his leg.


  • A second after he sat up, Ingle said, the room “kind of filled up with light,” and he could see the officers outside the window, in their black helmets and body armor. “I could see that they weren't robbers, so I threw the gun down,” Ingle said. “A second later, I heard one of the police officers say, ‘He's got a f***ing gun'… I could hear him turning in the leaves, and as soon as he turned, he turned around and started shooting.” He knew he had been shot, Ingle said, and his first instinct was to try to get off the bed — away from the window, at least, where the two officers were now pouring fire into the room. As Ingle tried, he got tangled up in the blankets and his ruined leg folded under him, the shattered bone grating inside. He fell to the floor in agony. As he fell, the officers outside the window kept shooting, hitting him four more times — arm, calf, hip and chest.
   
After spending over a week in intensive care, he was then arrested and charged with aggravated assault, among other charges. He was later convicted of the crime of picking up his gun to protect himself against what he thought was a home invasion robbery and is now looking at serving an 18 year prison sentence.
 
Your options for self-defense in these situations are few and should be well thought out before acting on them. Your life or freedom could hang in the balance; depending on who really is at the door.

« Last Edit: 2011-July-03 10:08:43 AM by DennisLeeWilson » Logged

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« Reply #4 on: 2011-May-24 05:16:51 PM »

MORE on the new "laws" allowing police invasion of homes.
https://tinyurl.com/4th-Amendment-Dead
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1083#msg1083

http://www.lewrockwell.com/blog/lewrw/archives/88571.html


http://www.youtube.com/watch?feature=player_embedded&v=wVAEonEkSyo
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« Reply #5 on: 2011-June-03 09:14:49 PM »

Direct link to this page:  http://tinyurl.com/3sdpesv
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1095#msg1095

Court filing

Attorneys representing Jose Guerena's widow, Vanessa, filed a motion Thursday asking that the Pima County Sheriff's Department return some of the property seized in the court-ordered raid last month.

Those items include her wedding ring, Jose Guerena's military medals, the couple's vehicle, a laptop computer, and legal documents including passports, driver's licenses and immigration papers, according to court documents.

These items are not evidence of involvement in either drug trafficking or money laundering and fall outside the scope of a search warrant, attorneys wrote on the filing. Unless those items were described in the warrant or officials can show probable cause, Guerena's attorneys want those items back.

The wedding ring and military medals were not listed as evidence seized from the Redwater Drive home in documents released Thursday.

Related Documents

    PDF: Affidavit in Support of Search Warrant
    http://azstarnet.com/online/pdf/pdf_39310ee6-8d90-11e0-af6b-001cc4c002e0.html

The Affidavit in Support of Search Warrant that resulted in Jose Guerena's death is available on pdf and makes for very interesting reading. Among other things, it provides an insight into how drug warriors--like alcohol warriors in the 1920s--spend taxpayer money sneaking around and spying on private citizens. At least the alcohol warriors had the backing of a Constitutional Amendment. The drug war is completely and totally UN-constitutional and therefore ILLEGAL.

And since so much is revealed about the Guerenas, the fact that Jose was an ex-marine cannot have been unnoticed. I wonder if Sergeant Krygier, who headed the SWAT team, was being set-up by people who may have known that Jose Guerena might be protective of his family--especially after a whole family related to him was murdered by home invaders!


    PDF: Debriefing Statements of Detectives Farmer and Tzystuck and [url=http://dennisleewilson.com/simplemachinesforum/index.php?topic=591.msg1133#msg1133]Sergeant Krygier[/b][/url] after the raid.
    http://azstarnet.com/online/pdf/pdf_1dcb28b4-8825-11e0-b417-001cc4c002e0.html

Notice how all of a sudden Jose Guerena is a suspected murderer and a mid level cartel operative....In the search warrant he was barely mentioned.

“…no one had, uh, submitted to our authority, no one came to the front door, nobody opened it, there, there was no reply from inside. So, uh, one of the breachers…hit the door with the ram.”
Sergeant Krygier, head of SWAT team

[Well, after all. The mundanes had the standard 15 seconds to submit!!]


"Authority, a voluntarily granted power, can be revoked at any time. Obeying authority against your will is not possible. If you behave unethically, then you have chosen. The Nuremberg Defense didn't work for the Nazis and it doesn't work for IRS agents, soldiers, [SWAT] or any other human being."



http://azstarnet.com/news/local/crime/article_e0f15227-ce94-50b0-80b9-0fc8563e9346.html

Records: Guerena's brother was center of drug-trafficking probe
By Fernanda Echavarri Arizona Daily Star | Posted: Friday, June 3, 2011 12:00 pm

The older brother of the man shot and killed during a SWAT raid last month was the primary focus of a long-term drug-trafficking investigation, records released Thursday show.

Jose Guerena and an assortment of relatives and acquaintances are mentioned in a report that chronicles a probe that stretched over two years of a suspected drug-trafficking ring in which several people appeared to have no source of income - except for monthly welfare checks several people named in the reports received - to account for their expensive cars and properties, the records released under a court order indicate.

The Pima County Sheriff's Department investigation started with a traffic stop in early 2009.

The department released the affidavit, probable-cause statements and search-warrant returns after Pima County Superior Court Judge Deborah Bernini filed a ruling Thursday unsealing the documents. She allowed the department to censor eight lines that included information about an informant in the case.

Jose Guerena was killed by members of the Pima County Regional SWAT team on May 5 while they served a search warrant at his southwest-side home. He was hit 22 times, according to the Pima County Medical Examiner's Office.

Jose Guerena's contact with law enforcement began in late 2009 when he was a passenger in a vehicle carrying large, commercial- sized rolls of plastic wrap that deputies believed was used to wrap large loads of drugs, but no drugs were found inside, the document said. That same year, Immigration and Customs Enforcement agents investigating a narcotics case saw two men driving a loaded car to a residence where they found more than 1,000 pounds of marijuana. The two men were followed after they dropped off the marijuana at a house. Jose Guerena was at the house, but he was not arrested in connection with the case. Two men are awaiting sentencing in that case.

The new reports focus more on Guerena's older brother, Alejandro.

In January 2009, a deputy who had stopped a vehicle driven by Alejandro Guerena found a semiautomatic gun and several thousand dollars in cash, court documents show. He was found guilty of carrying a concealed weapon.

It was from that traffic stop that detectives began an investigation that revealed Alejandro Guerena had "several close associates who were involved with narcotic trafficking," the documents say. He remained "the main focus of the surveillance operations," which took place many times a week for about six months.

Surveillance at three of the four homes was going on from late 2009 to early 2010, according to the documents. SWAT teams served search warrants on the homes the day Jose Guerena was fatally shot.

Surveillance of Jose Guerena's house, in the 7100 block of South Redwater Drive, began about two weeks before the shooting, according to the documents.

On April 20, detectives watching the house were followed for about 11 miles by a vehicle belonging to Jose Guerena's younger brother, Gerardo Guerena. Investigators believe the brother was driving the car that followed detectives. A couple of days later, investigators were told a person working at the Motor Vehicle Division ran a records check on the license plate of the detectives' car, according to the documents.

A third man, Jose Celaya, was listed as a suspect in previously released documents, and he owned two of the homes raided on May 5.

Celaya, 57, is Alejandro Guerena's father in-law. He was arrested by the Drug Enforcement Administration in 1993 on charges of conspiracy to possess and distribute cocaine, the documents show. He served six months in prison and two years' probation.

Celaya, Alejandro Guerena and many of their relatives receive monthly financial assistance from the government and show little to no income, the documents show. The welfare was detailed in the detective's effort to get court permission to search the homes.

Celaya is the registered owner of nine cars valued at almost $60,000 and is the owner of two homes, documents show. Alejandro Guerena and his wife, Pauline, are the registered owners of five vehicles valued at more than $24,000, according to records.

Jose Guerena's employment at the Asarco Mission Mine was confirmed by a Department of Economic Security income verification, the document said. He is the registered owner of six vehicles worth about $100,000 and is the listed owner of his home.

Sheriff's Department officials said earlier this week that high-end military gear and advanced weather-protective clothing were found inside a storage locker two weeks after the shooting. The locker, they said, was rented to Bertha Guerena, Jose Guerena's mother. Records obtained Thursday show that detectives found a U.S. Marines sleeping bag and Gore-Tex coveralls. Guerena was a former Marine who served in Iraq, military records show.

Receipts, bank-account statements, a cellphone and a note pad with phone numbers and vehicle identification numbers also were inside the locker, documents show.

The lead detective in the investigation wrote in the affidavit that during the six months of constant surveillance, none of the suspects was seen handling or even in the proximity of narcotics but that "these individuals operate a mid-level drug-trafficking organization in the Tucson area."

A judge approved the search warrant for the four homes on May 3, according to documents.

SWAT officers searched all four homes on May 5. They seized a small amount of marijuana, $100,000 in cash, more than 20 cellphones, an AK-47 rifle, lists with names next to dollar amounts in Celaya's home and a stolen vehicle at his other home, documents show.

The third home, owned by Jose Guerena's mother, had most of the furniture wrapped in plastic, documents show, and detectives seized cellphones and paperwork.

Jose Guerena's home was searched that morning after his death, and officials found body armor, guns, a rifle, a dozen cellphones and a hat with the U.S. Border Patrol logo.


Contact reporter Fernanda Echavarri at fechavarri@azstarnet.com or 573-4224.

Copyright 2011 Arizona Daily Star. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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« Last Edit: 2013-August-20 09:55:51 PM by DennisLeeWilson » Logged

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« Reply #6 on: 2011-June-05 04:42:42 PM »

Link to this article:
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1098#msg1098

http://lewrockwell.com/anderson/anderson316.html

Tucson Murders and the Modern American Political Culture

by William L. Anderson

Recently by William L. Anderson: A Case for Private Eyes

When a mentally unstable man murdered six people and severely wounded Congresswoman Gabby Giffords in Tucson, Arizona, last January, Pima County Sheriff Clarence Dupnik was quick to blame Sarah Palin and Sharron Angle for the shootings, and others like Paul Krugman also claimed that it was a political shooting orchestrated by the Right. Not surprisingly, Dupnik was the darling of the Left, as he claimed that the "lack of civility" from non-leftists.

Four months later, Dupnik’s SWAT charges gunned down Jose Guerena as they barged into his house. Guerena allegedly was holding an AR 15 (with the safety still on), and as the video in this article shows, Dupnik’s employees wasted no ammunition, firing more than 60 shots in a few seconds. Guerena was still alive when paramedics arrived, but Dupnik’s ambassadors for "civility" would not let them tend the wounded man until he was dead.

The reaction of the sheriff is most instructive. In the January incident, he openly blamed people who were not responsible for the killings; in May he denied that his office shared any blame at all in the killing of Guerena even though they fired the bullets. Guerena, according to Mr. "Civility," totally was at fault, as Pima County SWAT officers did nothing wrong.

Furthermore, Dupnik has helped lead an avalanche of bad publicity (much of it likely untrue) toward the dead man and his family, engaging in the kind of character assassination that he would have condemned in January. In other words, if Sarah Palin campaigns against another Democrat, that is near-murderous behavior; however, when Dupnik and his lackeys gun down a man in his home, and then falsely claim that he must have been a drug kingpin, that is just being "responsible." (As Will Grigg has noted, Dupnik blames the press for the bad publicity in the aftermath of this killing.)

While Dupnik has turned out to be as despicable as some of Fox News might have wanted to claim in January, he only is a small part of a larger tragedy. American political culture, which to me Dupnik represents in part, has become so hypocritical and so dishonest and so destructive that I believe it is impossible for decent people to survive it.

First, let us deal with the hypocrisy. Pima County is the "liberal" county of Arizona, and there even is a secession movement for the county to split off from Arizona. Home to the University of Arizona, Pima County is decidedly Democratic in party politics. Furthermore, Dupnik is supposed to be the "Anti-Sheriff Joe," in contrast Republican Joe Arpaio of Maricopa County, who has made a sham of civil liberties and rule of law.

Dupnik, you see, is supposed to be the opposite of Arpaio in every respect. Yet, what happens when his charges wantonly gun down a man who was not a threat to the community and was well-regarded by his peers? Why, Rule of Murder must prevail, and even to question it is to engage in irresponsible behavior. How is that different from what Arpaio would do or has done? It isn’t.

The hypocrisy is not limited to Dupnik, as the propaganda machine that promoted his lies last January has been silent on the Guerena shooting. For example, the leftist Phoenix New Times, which has been (rightly, in my opinion) attacking Arpaio and his political allies, had dozens of articles on the Giffords shooting (with all of the usual accusations one would expect from the Left). However, in the Guerena killing, it ran only one piece, and the article basically was little more than a press release from Dupnik’s office, although it did note that the "raid" found only one bag of marijuana – in a different home.

Sojourners, which joined the "civility" crusade, had nothing on the Guerena killing. Most of the mainstream media has been silent or only has reported on official documents and done interviews with Guerena’s widow and her attorney. And so it goes.

The dishonesty of American political culture also is exposed here. When Giffords and the others were gunned down, the American media had no problem running with the wild claims that Sarah Palin was responsible, just as it has no problem claiming Ron Paul is a threat to "freedom." (Mother Jones, while not a mainstream publication but nonetheless is a favorite among Democratic liberals, recently claimed that Paul was unfit to be president because, among other things, he was against the recent assassination of Osama bin Laden. Thomas Woods eviscerates that claim here.)

However, when one of their darlings engages in what only can be called an execution of a man who clearly was guilty of no crime, the media is silent or supports the murder. This hardly is a new development. When Janet Reno unleashed a military assault against the Branch Davidians in 1993, killing nearly 80 people, including 20 children and two pregnant women, the political establishment applauded her and her popularity soared, especially among Democrats.

(Not that Republicans have been defenders of liberty. The reign of George W. Bush and his use of torture as a political tool and the acquiescence of the GOP in this atrocity lets us know that, like their counterparts across the aisle, Republicans are defenders of civil liberties ONLY when it is to their political advantage.)

Keep in mind that even if Dupnik’s statements are exposed as lies and his officers planted the AR 15 beside Guerena’s body, nothing will happen to them, as the political classes in this country are nearly invulnerable. Yes, I predict that Guerena’s widow will receive a future settlement from Pima County taxpayers, but no one – and certainly not Dupnik – will lose his job and no one, no matter how criminal his actions, will be charged with anything at all.

In the end, American political culture is utterly destructive. The Drug War, which exists because of entrenched political interests, leaves a wake of death and personal and physical destruction. Prosecutors and police regularly lie and knowingly bring false charges against innocent people, and the courts protect the worst of their conduct.

Men like Ron Paul, who speak out against this evil are vilified in the press and marginalized even by their own political parties. Conversely, the CIA sends out death squads around the globe and the former "civil libertarians" who condemned such actions suddenly find them necessary because Barack Obama is in the White House and must be supported no matter what atrocities he commits. The government goes on rampages to destroy productive entrepreneurs while spending hundreds of billions of dollars to promote political entrepreneurship and to prop up failed – but politically-connected – enterprises.

No decent society can survive this kind of multi-pronged assault. A political culture that holds up Clarence Dupnik as an example of "goodness" and "civility" is a political culture at war with the truth. When a good and decent man like Ron Paul is vilified and that same political culture praises Clarence Dupnik, who supports what at this time sure looks like a cold-blooded execution of a man not charged with any crime, then we have to understand that America the Decent no longer exists. America has decent people, but they increasingly are being overwhelmed by the Dupniks and others who see killing of innocents as a legitimate political tool.

June 4, 2011

William L. Anderson, Ph.D. [send him mail], teaches economics at Frostburg State University in Maryland, and is an adjunct scholar of the Ludwig von Mises Institute. He also is a consultant with American Economic Services. Visit his blog.

Copyright © 2011 by LewRockwell.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

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« Reply #7 on: 2011-June-06 07:36:12 PM »

http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1100#msg1100

http://www.mikechurch.com/Today-s-Lead-Story/in-sheriff-if-we-need-to-conduct-random-house-to-house-searches-we-will.html

UPDATE: Facebook Page Calling For Removal of Sheriff Hartman

UPDATE: Indiana Supreme Court Threatened After Ruling Allows Warrantless House to House Searches [copied below]

INDIANA Sheriff: If We Need to Conduct RANDOM HOUSE to HOUSE Searches We Will
By: Allison Bricker
Contributing Editor

Sheriff Don Hartman, Sr. Newton County Indiana

CROWN POINT, Ind. – According to Newton County Sheriff, Don Hartman Sr., random house to house searches are now possible and could be helpful following the Barnes v. STATE of INDIANA Supreme Court ruling issued on May 12th, 2011. When asked three separate times due to the astounding callousness as it relates to trampling the inherent natural rights of Americans, he emphatically indicated that he would use random house to house checks, adding he felt people will welcome random searches if it means capturing a criminal.

Speaking under the condition of anonymity, a local city Police Chief with 30 years experience in law enforcement directly contradicted the Newton County Sheriff’s blatant disregard for privacy & liberty, stating that as an American first, such an action is unconscionable and that his allegiance is to the Indiana and federal Constitutions respectively. However, he also concurred that the ruling does now allow for police to randomly search homes should a department be under order by state or federal officials or under a department’s own accord.

At this time we are still awaiting comments from several state offices.

However, the spokesperson for the INDIANA ATTORNEY GENERAL took umbrage at what he referred to as “large” assumptions regarding police power and at this time has no comment. He did however indicate that should the INDIANA Attorney General, Greg Zoeller feel it necessary to make a statement, that this reporter would be included in the distribution of the release.

Source(s): Indiana Supreme Court Ruling, BARNES vs. STATE of INDIANA No. 82S05-1007-CR-343 • Telephone interview for comment with Newton County Sheriff Don Hartman Sr., May 16th, 2011

http://www.mikechurch.com/Today-s-Lead-Story/ind-supreme-cxourt-threatened-after-allowing-warrantless-searches.html
Ind. Supreme Court Threatened After Allowing Warrantless Searches

Court Spokewoman: We obviously want to protect the safety of our employees and alert police to individuals who might be dangerous
By: Allison Bricker
Contributing Editor

INDIANAPOLIS, Ind. – The Indiana Supreme Court has received numerous threats via telephone and email following a controversial decision handed down last Thursday, May 12th, 2011, that “authorizes” police to search homes randomly according to Indiana Supreme Court Spokeswoman, Kathryn Dolan. In a 3-2 ruling in BARNES vs. STATE of INDIANA, Justice Steven David, appointed by Governor Mitch Daniels wrote that under “modern” (post-PATRIOT-Act) jurisprudence, Hoosiers must submit to the violent force of any and all UNLAWFUL searches instigated by law enforcement. The court justifies such intrusion due to individuals having better access to courts, than at the elevation of the right to common-law.

    
    Justice Steven David

    “We believe however that a right to resist an unlawful police entry into a home is against public policy and is incompatible with {SIC} modern Fourth Amendment jurisprudence.”

    Justice Steven David
    Majority Opinion
    BARNES vs. STATE of INDIANA
    No. 82S05-1007-CR-343

A Natural Inherent Right of humanity first acknowledged in the English Magna Carta in 1215, the Indiana Supreme Court decreed both the 4th Amendment to the federal constitution and Section 11 of the Indiana state Constitution, null and void, although no mention was given to Indiana’s governing document, despite it being directly in the line of fire.
Section 11. Search and seizure

Section 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.

Indiana Constitution
Ratified 1851

Source(s): Indiana Supreme Court Ruling, BARNES vs. STATE of INDIANA No. 82S05-1007-CR-343
« Last Edit: 2011-June-06 08:11:55 PM by DennisLeeWilson » Logged

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« Reply #8 on: 2011-June-11 07:14:57 PM »

Link to this article
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1104#msg1104

http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1104#msg1104
US Dept of Education SWAT team?
(WTF??)

I hope you have paid your student loans...
   
Wow. Talk about going to the extreme. Slowly but surely S.W.A.T. is becoming the default. There can be no mistaking how our gooberment handlers feel about us.

This guy was very, very lucky. He could have ended up very DEAD!
 http://tinyurl.com/Remember-Jose

http://www.dailymail.co.uk/news/article-2001010/SWAT-team-launch-dawn-raid-family-home-collect-womans-unpaid-student-loans.html?ito=feeds-newsxml

A little over the top?: SWAT team launch dawn raid on family home to collect unpaid student loans

By Daily Mail Reporter

Last updated at 5:30 PM on 8th June 2011

A father was dragged from his home and handcuffed in front of his children by a SWAT team looking for his estranged wife - to collect her unpaid student loans.

A stunned Kenneth Wright had his front door kicked in by the raiding party at 6 am yesterday before being dragged onto his front porch, handcuffed and led to a police car with his three children.

He says he was then detained for six hours while officers looked for his wife - who no longer lives at the house.

Scroll down for video-->[no longer available]

Mr Wright was later told by Stockton police that the order to send in the SWAT team came from The U.S. Department of Education who were looking for his estranged wife to collect defaulted loan payments.

Speaking to ABC News 10, a visibly shaken Mr Wright described what happened when he was woken by a banging on his front door.

He said: 'I look out of my window and I see 15 police officers.

Dressed in his boxer shorts, Mr Wright says he rushed downstairs and was about to open the door when it was kicked open.

An officer then grabbed him by the neck before dragging him out onto the front lawn.

His 3, 7, and 11-year-old children were also removed by officers and put in a waiting police car.

'He had his knee on my back and I had no idea why they were there,' Mr Wright said.

'They put me in handcuffs in that hot patrol car for six hours, traumatising my kids.'

The Department for Education refused to comment on the incident, saying they would not do so until the case was closed.

They did however confirm that their Office of the Inspector General had issued the search warrant.

The office has its own branch of federal agents that carry out search warrants and investigations.

Mr Wright is now trying to get compensation for the destroyed door.

Speaking to ABC, he demonstrated that although the door had been patched up, the handle no longer worked.

He said: 'They busted down my door for this.

'It wasn't even me.

'All I want is an apology for me and my kids and for them to get me a new door.'

He even had words of advice for anyone thinking of skipping paying their college bills.

He added: 'People who have student loans , pay your bills, take care of your credit.

'If you don't believe me, this could be you one morning 6 o'clock.'

Unverified comment:

Except that, first, it wasn't a SWAT Team. SWAT teams are armed tactical teams from the local police department; the local (Stockton, California) department sent exactly one officer in a patrol car. This was a team from the federal Office of Inspector General (no, not the Department of Education, which doesn't have any armed SWAT teams either). And they weren't there over unpaid student loans. They were there as part of a criminal investigation, usually with OIG that means a multi-million dollar fraud operation. The local press in Stockton has put out follow-up stories clarifying the initial shoddy reporting, but I guess its easier to just pull the first wire service story and run the sensational stuff. And nobody will read the follow up, so this fake story will live on for years.

- Ronbo, Fort Lauderdale, USA, 09/6/2011


« Last Edit: 2012-July-11 10:51:16 AM by DennisLeeWilson » Logged

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« Reply #9 on: 2011-June-15 11:36:34 PM »

Link to this article
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1107#msg1107

http://www.lewrockwell.com/blog/lewrw/archives/89777.html

The Word Is 'Impunity'
Posted by William Grigg on June 15, 2011 08:45 AM

The actions of five Tucson SWAT operators who invaded Jose Guerena's home, hit him with 22 out of at least 71 shots (thereby endangering Guerena's wife and child, hiding in a closet), and then prevented medical treatment for an hour while the victim bled to death, were "justified," according to David Berkman, Pima County Deputy Attorney.

Guerena, who had slept for about two hours after finishing a midnight shift at the local copper mine, was clad only in his boxer shorts when his terrified wife Vanessa told him that there were armed men on their property. The former Marine, who served two combat tours in Iraq, told Vanessa to take their toddler Joel and hide in the closet. He reportedly armed himself with an AR-15 -- referred to by Berkman as an "assault rifle," owing to the fact that it was in the unhallowed hands of a Mundane -- to confront the invaders. Guerena never fired a shot, and the safety was engaged when the weapon was found on the floor next to his body.

"The officers were mistaken in believing that Mr. Guerena fired at them," Berkman wrote in a letter to Sheriff Clarence Dupnik, who commanded the home invasion crew that murdered Guerena. "However, when Mr. Guerena raised the AR-15 ... in their direction, they needed to take immediate action to stop the deadly threat against them."

Dupnik's Raiders -- who, by the Sheriff's admission, carry out about 50 "warrant-enforcement" actions a year, or about one a week -- outnumbered Guerena five-to-one; they were clad in body armor and protected by ballistic shields. They were involved in an act of criminal aggression (the fact that they had an official-sounding permission slip doesn't change the moral nature of their behavior) against the Guerena household. The only morally and legally defensible response to Guerena's act of self-defense was to retreat, regroup, and negotiate. As a group of armed robbers, the SWAT team had no right to use lethal force to protect itself. Furthermore, the act of preventing medical assistance, taken alone, makes the death of Jose Guerena an instance of second degree murder through depraved indifference, given that his wounds were survivable.



The "justification" offered by Berkman and Dupnik -- and being retailed uncritically by the Arizona Republic -- is that Guerena, who was never charged with a crime, let alone prosecuted or convicted, was a "person of interest" in a narcotics investigation. He was arrested in 2009 on drug and gun charges, which were dropped for lack of evidence. In other words, Guerena was cleared of wrong-doing long before the death squad darkened his doorway. The affidavit requesting a search warrant is drenched in innuendo and barren of actual evidence against Guerena. As the Republic reported, the SWAT team was "looking for evidence connecting Guerena to a suspected drug organization involving his brother [and] his sister-in-law, among others"; the needless lethal raid yielded exactly the amount of evidence that would have resulted from a conventional search -- zero.

However, because the gang that employed Dupnik's Raiders has, as St. Augustine put it, given themselves impunity, its enforcement arm was given license to kill Guerena, and invent a justification after the fact. Thus the internal inquiry -- in which the administrative branch of a criminal gang "investigated" the armed marauders who enforce their will and gather loot on their behalf -- has "cleared" the killers of wrong-doing before the case even went to trial.
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« Reply #10 on: 2011-June-15 11:45:07 PM »


http://www.kgun9.com/story/14847835/fatal-swat-raid-just-released-autopsy-details-guerenas-wounds

SWAT raid autopsy: Guerena died quickly from massive blood loss
Posted: Jun 06, 2011 12:28 PM Updated: Jun 07, 2011 9:06 AM
Reporters:  Forrest Carr and Jennifer Waddell

TUCSON (KGUN9-TV) - The Pima County Medical Examiner told KGUN9 News Monday afternoon that even if medics had reached Jose Guerena immediately, they probably could not have saved him.

On Monday morning the M.E's office released Guerena's official autopsy report.   The 26-year-old former U.S. Marine was shot to death in a SWAT raid on May 5. The report confirms what a spokesman previously said to KGUN9 News by phone, that Guerena's body had 22 bullet entrance wounds. The report also shows that Guerena had many exit wounds as well.  There were no drugs in his system.

The report goes on to note in detail the entrance location and trajectory of each wound, most of which were on the victim's extremities. The medical examiner listed, in order, these entrance wounds:
-- one wound to the head, which the report describes as a graze;
-- one wound to the right upper chest;
-- one to the right lower chest;
-- one to the left upper abdomen;
-- three to the right upper arm;
-- one to the right elbow;
-- one to the right hand;
-- one to the left upper arm;
-- one to the left elbow;
-- one to the left forearm;
-- one to the left hand;
-- two to the right thigh;
-- one to the right calf,
-- one to the right foot;
-- four to the left thigh;
-- and one to the left foot.

The report also notes that the body shows "no evidence of medical intervention."   

As 9 On Your Side previously reported, the SWAT team kept paramedics waiting for more than an hour before finally telling them that Guerena was dead, and sending them away.  A SWAT doctor had pronounced Guerena dead on the scene by telephone, based on observations obtained via a robotic scene monitoring device, or recon robot.

When reached by phone Monday afternoon, the Pima County Medical Examiner, Dr. Gregory Hess, told KGUN9 News that two wounds in particular led to Guerena's death.  The bullet that hit the left thigh traveled into the abdomen, where it lacerated a kidney and cut through an artery.   Equally serious was the bullet that entered the abdomen, which then traveled through the spleen and into the left lung.  Both wounds led to immediate, massive blood loss.

"I doubt he would have survived even if paramedics had been let in immediately," Hess told KGUN9's Jennifer Waddell.   "There would have had to have been heroic efforts to try and stop the bleeding."

Hess said no single shot was immediately fatal, but he said with all the wounds combined, Guerena suffered from "rapid and severe blood loss."  Hess told KGUN9 News that the official recorded time of death was 10:00 AM, which was about a half hour after the shooting.

Most of the bullet wounds also have corresponding exit wounds -- and in six cases, there is more than one exit wound per bullet.  One such exit wound had 20 of what the report describes as "slit-like and gaping lacerations" associated with it, ranging from an eighth of an inch to half an inch in length.   Hess told KGUN9 News that some of those multiple exit wounds were caused by bullets fragmenting after the entering the body.  But he said that in other cases, they may represent wounds received when Guerena was hit by flying debris or sharpnel produced by bullets striking the wall or other objects around  him.  The combined total of entrance and exit wounds listed in the report is 96.

The family originally stated that the body bore 60 bullet wounds.  The SWAT team fired 71 rounds in all in a period of about seven seconds.

The toxicology report included with the autopsy found no drugs in Guerena's system.  It did find a low level of alcohol, measuring 0.024%.  The report notes that some or all of that low amount could have been the result of "postmortem production" -- in other words, caused by natural decay after death.

The report lists the manner of death as "homicide" caused by "multiple gunshot wounds."  In this context, "homicide" is a legal term meaning that Guerena died at the hand of another human being.   The use of that term has no bearing on whether the shooting was justified.  Separate investigations into that question are underway.

The shooting has led to an emotional debate in the community about whether the use of deadly force was justified, and whether a SWAT team should have been used to serve this kind of search warrant in the first place.  Pima County Clarence Dupnik told KGUN9 News anchor Jennifer Waddell last week that the use of a SWAT team to serve what it considered a high risk search warrant was fully justified, and that the team only fired when Guerena pointed a weapon in the team's direction.

Documents released late last week underscored what the sheriff's department and SWAT's attorney have previously said, that the team believed Guerena had opened fire.  It also shows that one officer didn't wait to see whether Guerena would fire. In his debriefing, that officer stated that he fired on Guerena when Guerena began swinging his gun in the direction of the team.  The investigation later found that Guerena had not fired a shot, and that his weapon still had the safety engaged.

KGUN9 News just received these documents within the last few minutes.  Watch for updated reports on KGUN9 News Monday beginning at 5:00 PM.
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« Reply #11 on: 2011-June-16 11:27:38 AM »

Link to this article
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http://www.cato.org/pub_display.php?pub_id=13174

How Police Are Turning Military

by David Rittgers
David Rittgers, a legal policy analyst at the Cato Institute, served three tours in Afghanistan as a special forces officer.


This article appeared in The Politico on June 8, 2011.

The sheriff's office in Pima County, Ariz., raided the home of former Marine and Iraq combat veteran Jose Guerena, shooting 71 rounds at Guerena and hitting him with 22. The department is now facing a serious controversy over Guerena's death.

But the raid isn't the real tragedy. It's a symptom of the real tragedy: the militarization of U.S. law enforcement.

Pima County released a video of the raid and supporting documents. The video isn't anything new — a squad of police officers dressed up for combat. But the statement of the SWAT supervisor is worth reading. After the SWAT team entered Guerena's home, the supervisor left one or two "operators" with the body while the rest searched the house.

What did he mean by operator? Well, a police officer. But the term connotes something entirely different.

"Operator" is a term of art in the special operations community. Green Berets, SEALs and other special operations personnel often refer to themselves as operators. It's a recognition of both the elite standards of their units and the hybrid nature of their duties — part soldier, part spy, part diplomat. But importing operator terminology into domestic law enforcement is not a benign turn of the phrase.

Perceiving yourself as an operator plasters over the difference between a law enforcement officer serving a warrant and a commando in a war zone. The former Mirandizes, the latter vaporizes, as the saying goes — and as the recent Osama bin Laden raid vividly illustrated.

Targeted killing is legal in a war zone but not on the streets of Anytown, USA. The war on drugs has done incalculable damage to the character of law enforcement by encouraging police officers to forget they are civilians.

True, they are civilians charged with enforcing the law and are empowered to use force to do so — but they are civilians nonetheless. When police officers refer to their fellow citizens as civilians and mean to exclude themselves from that category, they've mentally leapt from enforcing the law to destroying the enemies of the state. That's incompatible with a free society.

I had reservations about the term "operator" during the years I served in special operations. Most of the time, the label was interchangeable with "soldier." But sometimes it became a tool for diminishing the need for planning — and relying on brawn and talent instead. "Don't worry; we're operators," was the overall attitude. "We can handle it."

Some of that is evident in the raid on Guerena's home. Unless otherwise specified, warrants are supposed to be served with a knock on the door and an announcement that a peace officer is the one knocking.

Police can request a no-knock warrant that allows entry without warning when they anticipate armed resistance. If Guerena was in fact moonlighting with a home-invasion crew, as the Pima County sheriff alleges, then this may have been a rare situation in which a no-knock warrant would be justified.

Ideally, suspects are taken into custody outside their homes, in an environment law enforcers are more easily able to predict and control. Instead, Pima County authorities produced enough noise with sirens and a battering ram to spark instant chaos and confusion in Guerena's residence, where he was sleeping after working the night shift.

Once the SWAT team breached the door, it's not clear from the available video that they again announced themselves as law enforcement officers and not the sort of home invaders who killed two of Guerena's wife's relatives last year.

Some law enforcement officers certainly qualify for operator status. The FBI team that snatched CIA headquarters shooter Mir Aimal Kansi from a hotel room in the badlands of Pakistan makes the grade.

But securing evidence in suburban America is the antithesis of operator status. It's a basic law enforcement function, not an international manhunt or the targeted killing of a terrorist leader. While a group of SWAT officers may have felt like operators on a battlefield, an honorably discharged Marine — possibly seeking only to defend his family from what he thought was a home invasion — bled out in Arizona.
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« Reply #12 on: 2011-June-16 05:49:48 PM »

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Death Squad Damage Control in Tucson

by William Norman Grigg
    

...no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The Fourth Amendment to the United States Constitution (emphasis added)

The Constitution of the United States is the supreme law of the land…. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Sections 3 and 8 of the "Declaration of Rights" from the Arizona State Constitution’s "Declaration of Rights"

People seeking to defend the manifestly indefensible often sabotage themselves by disclosing critical details that undermine their argument. Mike Storie, the police union lawyer representing the SWAT operators who murdered Jose Guerena in his home on May 5, did this during his May 19 press conference in an attempt to assign all of the blame for Jose’s death on the victim and his terrorized wife.

As reported by the Arizona Star, Storie insisted that if the Guerena family had permitted the armed intruders into their home, those inside "probably … wouldn’t have been arrested." This is because the "warrant was not directed at any particular person, and Guerena’s home was not mentioned, but it was targeting whoever might be inside the residence...."

That is to say that this was not a legitimate search warrant, under the requirements imposed by the Fourth Amendment (and expressly incorporated in Arizona law through the state constitution). The instrument used as supposed justification for the armed assault was akin to the "writs of assistance" used by British soldiers during the years leading up to the American colonial rebellion.

As Judge Andrew Napolitano summarizes, writs of assistance were "self-written search warrants" that "enabled [British] soldiers and government agents to enter any private building or dwelling and  search for whatever they had authorized themselves to search for." In this way, occupation forces could invade any home or business they chose, confiscate any item they suspected might be contraband, and haul away in irons anybody who attracted their malevolent attention.

The only material difference I can identify between that tyrannical practice and SWAT raids of the kind that resulted in the murder of Jose Guerena is the fact that British Redcoats were considerably more restrained in their behavior.

Writs of assistance were conspicuous among the grievances that led the colonial Patriots to rebel against the British government, and they were the direct inspiration for the Fourth Amendment, a provision that as of May 16 is de jure dead letter in the American Imperium.

On that date, two rulings were announced – one by the Indiana State Supreme Court, the other by the U.S. Supreme Court – that formally vitiated constitutional impediments to warrantless intrusions by police.

Those rulings simply formalized the state of affairs that has long existed in the United States; after all, owing the fraudulent, murderous enterprise called the "war on drugs," the Fourth Amendment has had no tangible relationship to public policy for decades.  Nonetheless, that Amendment remains on the books as part of the "supreme law" – which means that the raid on the Guerena home was, in a literal, legally binding sense, a home invasion robbery.

Michael Storie is a living illustration of the fact that there is no "mob lawyer" more drenched in disrepute than a barrister who prostitutes himself in the service of a police union.
Storie is lead criminal attorney for the Arizona Conference of Police and Sheriffs (AZCOPS). Through no fault of his own, Storie somewhat resembles Nathan Thurm, a fictional corporate attorney played by Canadian comic genius Martin Short.

In his performance at the May 19 news conference, Storie did a pretty creditable impression of Thurm, capturing the same odd combination of oleaginous dishonesty and prickly passive aggression that Short brought to his character, who was paid extravagantly well to protect the powerful and corrupt.

While he has been employed by AZCOPS, no member of that union "has ever been convicted of crimes relating to on-duty conduct," boast the organization. This isn't strictly correct: Storie represented former DARE officer Ramon Fernando Borbon, who was convicted of kidnapping and sexually assaulting a 19-year-old woman and a  16-year-old girl while he was on-duty.

In the Borbon case, Storie employed a two-pronged defense strategy: He tried to depict the adult victim as a consenting party, and the child as a gold-digging opportunist. In other words: They were asking for it, and now they're just interested in money. He's using a variation on that approach in defending the SWAT team members who murdered Jose Guerena: It was all the fault of the victim, and his family is now simply "trying to make money" through a lawsuit.

The SWAT operators "had no choice but to shoot" after engineering a completely illegal raid, Thurm – er, Storie insisted. After all, Guerena was armed with an AR-15, and several officers "did report that they saw a muzzle flash from the shooter" – which means that their lives were in danger.

Well, actually, they didn't see a muzzle flash, since – as the Sheriff's Office has admitted – Guerena never removed the safety from his rifle. Ah, but he could have, you see, and since the omniscient heroes on the SWAT team "know that [the] walls [of the Guerena home] are stucco ... if this man starts shooting his rounds, every neighbor in the vicinity is in danger, including possible innocent residents that are in the residence itself."

So we're told that waiting even a few seconds before opening fire was too risky; the only safe choice was for the SWAT team to unleash a 71-round barrage, since, as everyone knows, high-velocity rounds fired by sanctified personages in police uniforms possess a magical property that prevents them from endangering innocent people.

That magical property, incidentally, is "qualified immunity" – and it protects the only "innocent" people that police unions care about: Police officers who injure or kill Mundanes.

Within seconds of violating the Guerena home, the invaders had perforated Jose’s body with at least 60 gunshots. While Jose bled to death, his killers refused to allow paramedics to treat him.  During that period the SWAT team actually inserted a remote-controlled robot – another pricey toy provided by the Pentagon's LESO program – to clear the house. While Jose was dying on the floor, the SWAT team found "everything they [thought] they’re going to find in there," Storie insisted.

What, exactly, were they looking for, and what did they find? After scraping away the layers of dissimulation applied by Storie, we arrive at this answer: They were looking for nothing in particular, and that's exactly what they found.

They found no narcotics, no stash of suspected narcotics proceeds, no documentary or physical evidence of a crime of any kind. Neither Jose nor Vanessa has a criminal record.

Yet Storie, who appears congenitally incapable of decent shame, has left the air clotted with insinuation: He reports that handguns, rifles, body armor, and "part of a police uniform" were found in the Guerena household, along with a picture of Jesus Malverde, described as a "patron saint" of narcotics traffickers. In other words, in terms of actual criminal evidence, they found nothing.

Guerena, recall, is a former Marine who served two combat tours in Iraq, so the presence of body armor – as well as a small gun collection – would hardly be inexplicable. It's quite likely that his gun collection was smaller than those of many other Arizona residents who never served in the military.

Furthermore, what, exactly, constitutes "part" of a police uniform? Might it be military-issue clothing in Guerena’s possession – the kind of combat couture affected by jock-riding poseurs of the kind who gravitate toward SWAT teams? Again, Storie hasn’t supplied the details, apparently in the hope that public perceptions will be governed by headlines, rather than details.

Like everything else Storie said at the press conference, he extracted the detail about Jesus Malverde from the same bodily orifice he employs to dispose of used food. Malverde is not a Narcotrafficante, nor is he their proprietary saint. He is a semi-mythical Robin Hood figure venerated by ethnic Mexicans throughout the Southwest.

By bringing up this inconsequential detail, Storie was trafficking in something that smells an awful lot like race-baiting. That comment could be a dog whistle directed at the segment of Arizona's population that considers Joe Arpaio a champion of law and order, rather than a viscous, opportunistic thug: Rather than seeing Jose Guerena as an honorably discharged Marine and (of infinitely greater importance) loving young husband and father, at least some Arizonans now have an excuse to suspect that he's an agent of the Reconquista plot.

Ironically, three of Arpaio’s deputies were arrested on May 24 as part of a multi-state investigation of a "drug and human smuggling ring." The SWAT team involved in that arrest, which involved suspects known to be armed and violent, confined itself to a low-key supporting role, unlike the full-scale military assault on the Guerena home.

The original story put out by the Pima County Sheriff's Office was that the raid in which Guerena was murdered was part of a large operation investigating a marijuana trafficking conspiracy. As outrage coalesced over Guerena’s death, the official line was revised: Now we are told that Jose and his family were somehow "connected" to an alleged home invasion robbery ring, as were three other homes targeted in the same May 5 SWAT rampage.

Apart from the fact that Jose himself was murdered in a home invasion conducted under the color of supposed State authority, there is another connection to a previous crime of that kind: Two of their relatives were murdered a year ago in a home invasion of the non-government-approved variety.

That fact might well have colored Vanessa’s perceptions of what was happening with a government-licensed home invasion crew materialized outside her home, began to vandalize the house, and threatened her life and that of her baby. It’s also quite possible that the murder of a relative, coupled with combat experience in Iraq, played a large role in Jose’s perceptions and actions on that horrible morning.

The search warrant has been sealed, and the Pima County Sheriff’s Department refuses to release details. Other than upbraiding local reporters who have abandoned stenography in favor of legitimate adversarial journalism, Clarence Dupnik, the Epsilon-grade personage in charge of Pima County’s Sheriff’s Office, has petulantly complained that the press has been "irresponsible" in "questioning the legality" of a military operation that resulted in the entirely avoidable violent death of a young father who was defending his wife and child against a feral pack of armed strangers.

Like practically everybody else in the same racket, Sheriff Dupnik considers himself to be at war with the population his department ostensibly protects and serves. That's the only rational explanation for the fact that he is treating the details of this incident as if they were classified secrets in a combat zone, rather than facts he is obliged to provide to the public that employs him.

While grousing that "it is unacceptable and irresponsible to couch ... questions with implications of secrecy and cover-up," Dupnik's office maintains that there is a "very real threat to innocent lives if ... details [about the killing] are released prematurely." Those "innocent" lives, we are entitled to suspect, are undercover police operatives – informants and, what's much the same thing, provocateurs – who helped precipitate the crime on May 5.

Storie peddled a similar line in his May 19 press conference, insisting that although Guerena was not individually targeted by a search or arrest warrant, detectives had concluded that someone at his residence had been keeping police investigators under "counter-surveillance."

"Now, what I mean by this is, at some point detectives, as is usually the case, were driving by this house to get some intelligence," Storie said. "At one point, when detectives were driving past this house once, the resident of this house, suspected to be Guereno [sic], jumped in his car and followed this detective. They then got a report from MVD" – that's the Motor Vehicles Division, not the Soviet Ministry for State Security, despite the institutional kinship of those entities – "that there was a hit on this license plate driven by this detective by someone. So, Guereno [sic!] or someone very similar to him, who followed this detective, searched the identity of this driver, who was the owner of his vehicle. This is known as counter-surveillance measures done by people who are in this type of business. OK?"

It is a credit to his composure, if not his character, that Storie could ladle out this is a greasy porridge of self-serving supposition and speculation with a straight face. How could "someone" – just anyone, really – get instant access to the information at the Motor Vehicles Division? Who was that "someone," incidentally? Who were the "detectives" who had been staking out Guerena's home, and stalking his family? For that matter, was it a detective, or more than one – seeing that Storie can't seem to get that detail nailed down? What evidence, apart from inchoate suspicions, justified the initial surveillance of that home? For that matter, was the subject of surveillance Jose Guerena, or someone whose surname is "Guereno"?

During the same press conference Storie admitted that the SWAT team "had no specific information about what particular kids were in this house, or if there were any" before laying siege to a home containing a young mother and her four-year-old son – and a husband trying to get some sleep after pulling a long graveyard shift at a local mine. In other words, they knew nothing of any value about the home they attacked – yet Storie, Dupnik, and the murderers themselves all insist that the violent death of Jose Guerena was an entirely appropriate outcome, and that only irresponsible people would suspect otherwise.

May 25, 2011

William Norman Grigg [send him mail] publishes the Pro Libertate blog and hosts the Pro Libertate radio program.

Copyright © 2011 William Norman Grigg



Storie spins a whopper

Raw Video: Attorney gives SWAT's side of story in fatal shooting
Posted: May 20, 2011 11:39 AM Updated: May 22, 2011 7:01 PM

Attorney Michael Storie at his news conference.

Attorney Michael Storie talks about several new details regarding the incident. Attorney Michael Storie talks about several new details regarding the incident.


ALSO ON KGUN9.COM

    911 tapes back up SWAT attorney's account of fatal raid
    9OYS Continuing Coverage: man shot 60 times in SWAT raid
    Family of former U.S. Marine killed in SWAT raid claims he was acting in defense
    Raw video: Sheriff's Department explains fatal SWAT raid
    Raw video: wife of man killed in SWAT raid speaks out

Video by:  Chris Miracle, KGUN9 photojournalist
Notes by:  Marissa Pasquet and Forrest Carr

Attorney Michael Storie represents the SWAT team who fatally shot Jose Guerena in the May 5 raid at the Guerena house.  

Storie held a news conference Thursday and released several new details regarding the incident. He detailed why SWAT was serving a search warrant and what they found; he gave a reason for why paramedics waiting at the scene were not allowed inside the house to treat Guerena after he was shot.

Storie told KGUN9 that a SWAT robot was sent into the home to examine the threat level, and by then, it was too late for Guerena.

Storie also says officers were watching Guerena's home for days, suspecting that it was part of an organization involving drugs and home invasions and at some point, a man who looked like Guerena conducted counter surveillance according to detectives.

The raw video clip available in the Video Gallery at left contains the first part of that press conference leading up to the point where SWAT officers opened fire on the suspect.  Below in Italics is a transcript of Storie's remarks to that point.

There have been a lot of questions that have been asked about this particular situation.  And due to no one's fault, they have not been able to provide a lot of details.  So, after meeting with all the officers involved, I thought it's time to finally get some of the details of the situation out there, so there isn't this appearance of cover up, secrecy, and appearance that maybe something's been done wrong.  So I'm going to run through the details of this situation from a tactical standpoint, as to exactly what happened, and then afterwards, whatever questions you might have.

Now, this was a SWAT callout, which by its very nature means that it's a high risk callout.  So you all understand, there are hundreds of warrants served every day in Tucson.  The SWAT team is involved in only a very small percentage of those. They are involved in serving of warrants where there is a history of violence, there is drugs involved, and weapons.  And so we can assume that all of these were the case here.

As is usually the case, there was a briefing approximately an hour and a half before this incident, where investigators, detectives who had been working this situation, briefed these SWAT officers about what was going on.  And the situation was, that there is an organization that is involved in drugs, home invasions, drug ripoffs, violent crimes.  And this house, as well as several other houses, were identified as locations where these activities were being carried out from.  So, warrants were served on these houses, and there was some surveillance done.

Now, in the days leading up to this event, these detectives determined that the occupants of this very house where this incident occurred were carrying on counter-surveillance.  Now, what I mean by that is, at some point detectives, as is usually the case, were driving by this house to get some intelligence.  At one point, when detectives were driving past the house once, the resident of this house, suspected to be Guereno, jumped in his car and followed this detective.  They then got a report from MVD that there was a hit on this license plate driven by this detective by someone.  So, Guereno or someone very similar to him, who followed this detective, searched the identity of this driver, who was the owner of this vehicle.  This is known as counter-surveillance measures done by people who are in this type of business.  OK?  So with all this information leading up to this event, SWAT is informed about these things.

This operation is going to be carried on simultaneously with on other location.  The members of this SWAT team approached this house, as they do every other house.  And now, the timing of this -- was 9:30 in the morning -- was picked, because if there are children involved, this would be a time they would be at school. They had no specific information about what particular kids were in this house, or if there were any.  But they wanted to maximize the chance that they would be gone, if there were kids.

At 9:30 AM, several marked units, including the Bearcat, approached the house.  Now, this is not done quietly or stealthfully.  This is done with sirens going, lights going.  so with all this happening, sirens going, lights going, the Bearcat, which is clearly a marked vehicle, is parked right directly in the driveway blocking the exit of the residents' vehicle.  Another marked vehicle is parked right in front of he residence. A Sahuarita vehicle is parked in parked in front with his lights going, and they are blasting their sirens.  All of the neighbors know what is going on.  They hear the sirens.  They see the lights.  Anyone who's paying attention or is even alive in that neighborhood knows police are on the scene.

Immediately the entry team exits the vehicles and approaches the house. What happens is, they stop the sirens,so that the verbal commands can be heard.  The breach team approaches the front door.  And immediately, one of the operators immediately, as he is running up on the residence, is yelling in Spanish and English, alternating commands, "Police!  Police!  Police!"  -- identifying themselves and to open the door.  He makes multiple commands of this sort. He then approaches the door with the team, and bangs on the door.  He doesn't knock, he bangs with his fists very hard on the door, several times.  After banging, he then calls again, "Police!" in Spanish, "Police!" in English.  They wait. He bangs again on the door, hard, with his fist, banging on this door.  And this is not a large house.  It's a normal house, where this would be heard.  There's no music playing in the house, no loud TV, nothing that would indicate that people on the inside would not be hearing this banging and the commands.  So he's banging on the door again, "Police! Police!" Banging on the door a second time.  Gives a third set of commands.  They wait.  They wait at least 45 seconds to a minute, while this banging is going on, and the commands are going on, for a response.  There is no response.  The breach order is then given.

The door is breached.  They bang it open.  The door is breached.  The entry team stands in the doorway.  And the way it works is, there is an operator who has a shield.  There are operators who are behind the shield operator.  And they have specific duties -- Where to look down the hallway, what their duties are as far as cover.  Because they don't know what they are coming into.  All they can assume is, A, there are dangerous people inside. B, there are guns involved.  And C, that these people have used them in the past and will use them now.

In the search warrant that's sealed, they are looking for these very items.  And I will tell you that these very items are found.  So everything they think they're going to find in there, they find.

So, they breach the door. Almost immediately, down this long hallway, they see a figure, a man, who jumps out from the right side, jumps out from the right, he's got a rifle, an AR 15 at his side, an assault rifle.  Now, SWAT operators are trained, an assault rifle will penetrate the shield they carry, and the body armor that they carry.  Their armor is not ballistically rated to stop assault rifle rounds.  So they know immediately, they are not equipped to stop this just by their armor.  They also know that these walls are stucco, that if this man starts shooting his rounds, every neighbor in the vicinity is in danger, including possible innocent residents that are in this residence itself.  This man does not stop at this point, down at the end of the hall.  He comes into view... He's go this assault rifle at his side.  He turns, sees these men, who are with shields and armor, helmets and are marked "Police".  Everything they're wearing, their helmets say "Police," their fronts say "Police," the shield that they carry says "Police" on it. So they're identified multiple ways that they are police. And it's fully lit up.  They're in the doorway.  It's broad daylight.

This man turns, makes a visual of these operators, fully marked with "Police." And what does he do?  Does he drop his weapon?  "Oh, it's police," drop his weapon?  No. Does he just stand there?  No.  He heightens the threat by raising the gun and pointing it at the SWAt operators. Not only does he point the weapon, he says to the SWAT operators, "I have something for you. I have something for you guys."  That's what he yells at them.

Three of the SWAT officers report that independently.  And remember, they are separated right after the shooting.  They don't compare stories, and "What did you hear?"  Independently, three of these officers hear this man say, "I have something for you," raise the weapon.  And that's all they need.  Because they have to assume at this point that this man has not complied. He's heard they're police.  He's seen they are police.  He raises the weapon toward them.  They immediately fire.

Now, the first one that fires is also armed with an AR 15, and he is to the right and behind the shield operator.  What he reports seeing is that the man at the end of the hallway goes from a standing position, sort of crouches down to a kneeling position, and is sort of reassessing, and is taking a shooting position. So in other words, he's not getting hit, and the guns goes flying, and the threat removed.  That's not what's happening.  He retains control of the weapon, and he continues to take a shooting stance as he goes down.  They don't know if he's been hit, they don't assume he's been hit.  All they know is that he's still a threat.  They continue to fire.

Now, several officers did report that they saw a muzzle flash from the shooter, from the suspect at the end of the hall. That's where the report initially came out that the suspect had been firing.  Several of the operators do not report muzzle flash.  Nobody reports that they heard him fire, and that's common because they're in a closed area, and they get auditory, strange things going on, where they don't hear.   All they hear is all the firing going on around them.  Two of them report muzzle flash.





Raw video: Sheriff's Office interview on fatal SWAT raid
Posted: May 13, 2011 3:51 PM Updated: May 22, 2011 5:50 PM

PSCD Lt. Michael O'Connor speaks with KGUN9 reporter Joel Waldman about the fatal SWAT raid PSCD Lt. Michael O'Connor speaks with KGUN9 reporter Joel Waldman about the fatal SWAT raid

Lt. Michael O'Connor


ALSO ON THE WEB

    A look inside the world of Tucson Police S.W.A.T.

ALSO ON KGUN9.COM

    Family of former Marine killed in SWAT raid hires high-profile attorney
    Family of former Marine killed in SWAT raid says he was acting in self defense
    Medical care blocked for suspect shot in SWAT raid
    Raw video: wife of man slain in SWAT raid speaks out

Video by:  Jim Shields, KGUN9 Photojournalist
Notes by:  Forrest Carr

This week, KGUN9 News reporter Joel Waldman interviewed Pima Co. Sheriff's Department Lt. Michael O'Connor about the shooting of Jose Guerena, who died last week when a SWAT team tried to serve a search warrant at his Tucson home.   The victim's wife Vanessa has stated that neither she nor her husband knew that the people breaking into her home were deputies. She said that her husband, who pointed a rifle at deputies, was only trying to defend himself.   Guarena never got off a shot.  But SWAT team members fired a total of at least 71 rounds, leaving the home riddled with holes.  Ms. Guerena was hiding in a closet at the time with one of the couple's children.  Neither was hurt.

A clip of raw video from that interview is presented in the Video Gallery at left.  Below are selected quotes from the interview.

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."

O'Connor:  "As many of you might know, Tucson is somewhat notorious for home invasions.  Sometimes home invasions look a lot like a narcotics search warrant.  That's what the key to these things is.  We want to make sure we re not looking like any other home invaders.  The way that we keep that from happening is that we will have a lot police vehicles there, with their lights and their sirens on.  In this case, the SWAT team was serving, because it was a narcotics high risk type of a search warrant, so we had our large armored vehicle there with the markings on it.  It also has lights and sirens, it was going.  So we do everything we can to portray the image that we are law enforcement, we are not home invaders. Because these people are involved in narcotics conspiracy cases, they are used to seeing other people get home invaded, so we want to do everything we can to keep that from happening."

Waldman:  "There were some reports out there that this was I guess what some law enforcement would call a no-knock entry.  Did you announce yourselves as law enforcement officers?"

O'Connor:  "Absolutely. Those are very specific cases when it's a no-knock warrant.  This was not a no-knock warrant.  This case was, we came in very high profile, lights and sirens.  We go to the door, we pound on the door.  We wait approximately 15 seconds.  If no one answers the door, we breach the door with a heavy tool and open the door.  As soon as we opened the door, we were confronted with an individual that was in a crouched position, pointing at them with an AR 15 military assault rifle, and saying -- I'm gonna quote what he said -- 'I've got something for you.'  Then they engaged this individual who was pointing the weapon at them."

Waldman: "So it's your, it's the Pima County Sheriff's Department position, that this individual who was shot and killed was well aware of who he was targeting?"

O'Connor:  "Well, I'm not going to begin to think what was going through his mind. What I can tell you is what precipitated this.  And that was, law enforcement in uniform responding to the scene in marked police cars, with marked police cars not only with their lights going, but also with their sirens going.  And then not just one, but several of those.  So I can't explain what was going through his mind when this happened.  What I can tell you is what we did to make this as safe a situation as we could."

O'Connor:  "It appears that it was 71 rounds were fired."

Waldman:  "Someone on the street might perceive that as excessive force.  In your opinion as a law enforcement officer, was it?"

O'Connor:  "No, it's not, for a couple of reasons.  One, this was an operation being conducted by SWAT members.  They have  special weapons when they're doing this. Also, where this occurred:  There were five officers at the door beginning to make entry into this home, when they engaged this individual that they believed was actually firing at them.  They're going to fire until that threat is no longer.  And in this case, they fired those rounds in approximately seven seconds.  So, it may sound like it's a high number.   But when you have five officers firing semi-automatic weapons, that can be done in less than seven seconds, and that's what happened in this case."

O'Connor:  "Part of what was going on is that this house, the interior of this house is, the walls are somewhat darker color.  The roof is painted a very dark color.  So when the officers came in, they saw they were confronted with a very dark room.  This individual was in a hallway looking right at them, crouched with a weapon.  When they saw this and the weapon coming up and he made that statement, some of the officers began to fire that are in this cone -- right at the front door -- began to fire.  Some of the officers hit the door frame and there was splintering at the door frame as they were firing.  This was falling on some of the other officers.  One of the officers has a shield, and when he fired, he starts to fall backwards.  Some of the officers thought that officer had been shot, and were starting to drag him out of the fray.  So this was a very dynamic scene, a very dangerous situation for the officers that were there, and obviously dangerous for the victim, this individual who was shot, who brought this all on himself by presenting himself the way he did.  There is no way around it.  We have to serve search warrants. It's a part of our job.  We do the best we can of making it apparent that this is what we are doing.  But sometimes people have reasons for doing what they do.  I can't explain it."

O'Connor:  "The neighbors have been interviewed.... They said that the lights and sirens were on.  Were they actually on?  Did the neighbors hear that?  This has been consistent.  The neighbors said they heard the officers yelling, screaming, 'Police! Sheriff's Department!' Lights sirens... We'll take this case to the County Attorney's office."

O'Connor:  "We thought that the wife was going to be gone with the two children to school.  As it turns out, only one went to school, and the other one was still in the house with the mother.  That's something we try to anticipate, we try to make it as safe as possible. In this case, she was still there."

[Does this mean that they KNEW he had a real job and had just returned from an all night work shift?...or that their "surveillance" was sloppy and they didn't know who was in the house.]
 

« Last Edit: 2012-July-11 11:03:13 AM by DennisLeeWilson » Logged

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« Reply #13 on: 2011-June-18 04:07:03 PM »

Link to this article
http://dennisleewilson.com/simplemachinesforum/index.php?topic=570.msg1116#msg1116

"I am completely unable to get Jose Guerena's murder out of my head."  INDEED!


http://arcticpatriot.blogspot.com/2011/05/rant-on-choke-on-your-memorial-day.html

5.28.2011
Rant *On*. Choke on Your Memorial Day, America.

I am completely unable to get Jose Guerena's murder out of my head.

Maybe it's because I know I too respond to unknown situations in my home with a rifle in hand.

Maybe it's because I know I'd damned sure respond armed and ready if my door were being kicked in.  In fact, if my door were kicked in, it's safe to say my selector switch would not be on "safe" (spare me the range safety lessons and read on, please).

That could have been me helplessly bleeding out on my own floor.  That could have been my wife held outside as I died on my floor.


I  AM  JOSE  GUERENA.

If I hear "Freedom Isn't Free", one more time, I'm going to explode.  Just shut up with it.  Now.

Our freedom was not won or lost in Germany, France, Vietnam, Guadalcanal, Iraq, or Afghanistan.  Don't get me wrong, I'm not demeaning what went on in those places.  I am not making light of the sacrifices of those who fought in those places, only emphasizing our utter failure as citizens.  Stay with me here. Freedom isn't free, and we've sold ours, or worse, given it away.  A soldier can defend liberty in faraway places, but it is not his role to defend it on our shores.  That is your job, and it is mine.

In this, we are abject failures.

Our nation, our ideals, our liberty has been lost, in peacetime, at home, by us.

WHAT IN THE HOLY HELL IS WRONG WITH US?

We host parades, and speeches, and put flowers on graves, and talk reverently of "the brave folks who died for our freedom", AND SIT BACK AND RELAX AS POLICE RAIDS OCCUR DAILY THAT WOULD HAVE MADE THE GESTAPO AND THE KGB / NKVD PROUD!

At least their secret police didn't usually murder their victims outright.

There are not riots in our streets, America.  Indiana is quiet.  Arizona is quiet.  We are all quiet tonight.

We have accepted Guerena's murder.

WHAT DAMNED RIGHT DO WE HAVE TO PRETEND WE HONOR OUR DEAD VETERANS???

WHAT IN HOLY HELL GIVES US THE RIGHT TO PRETEND WE ARE THE IDEOLOGICAL DESCENDANTS OF THE MEN WHO STOOD ON LEXINGTON GREEN???

It is our meek acceptance of what has happened to our country that makes it possible for his murderers to go to work everyday, attend their Crossfit sessions, and generally live in complete and utter disdain and lack of fear of the people they kill and oppress.

Don't fool yourself, "patriot".

Your government does not fear you in the least.

This is not about the "drug war", or the use of military force to kill a man who could have been simply arrested as he left for work or went for groceries (It is way easier to kick in a door and kill the suspect than it is to gather evidence, however).  It's not about if he had a rifle in hand, or whatever other extraneous bit of disinformation is thrown our way.  I don't care about that.

This is about the sanctity of the home, sure, but more importantly, it is about the assumed and demonstrated right and ability of our government, at any level, to kill with impunity,

any

citizen

it

wishes.

We are there, people.

We are bloody there.

So, happy Memorial Day, America.

Celebrate with your beers and cookouts and obesity and subservience.  Celebrate how we urinate on the graves of the dead as we indulge in nationwide gluttony.  I bet the glorious, brave, heroic hit team that gallantly pumped 60 rounds into Guerena's body will have a hell of a celebration this weekend.  Maybe on the taxpayers' dime.

Choke on your Memorial Day, America.  I know I have.

For meekly accepting the murder of Jose Guerena, as well as the countless others who have been killed with impunity by our government, we're not worthy of the blood that has been spilled on our behalf.

I honor Jose Guerena this Memorial Day, not as a Marine or veteran of Iraq (which he undeniably was), but as a fallen American hero, slain by the bullets of malignant and hostile enemy forces while acting the man and defending his home.  Slain by people he paid, with bullets and weapons he bought.

It is, indeed, us vs. them.

I can no longer see it in any other light.

Remember Jose Guerena.

Welcome to the Insurgency.

Enjoy your hot dogs and parades.


I'm staying home.

Resist.


Posted by Arctic Patriot at Saturday, May 28, 2011

Labels: welcome to the insurgency

Reactions:     
39 comments:

Anonymous said...

    Wow, that's a wake-up call. I live in Pima County, AZ and my interactions with the Sheriff's Department have always been good in spite of the fact the Sheriff Dupnik looked like a fool last January (and on other previous occasions). I've known many drug runners here as well though. Your point about being able to arrest (or just check out) Guereno at any other time hit home with me. I can't argue with that. Just like they could have nabbed David Koresh at his local bar prior to the raid on the Davidian compound. Scary stuff.
    May 28, 2011 9:01 PM

Adventures in Self Reliance said...

    It's no big deal. They got 3 generation of blown off soldiers. Time is coming when the wolves are the door they may appreciate the sheep dogs. Until then f*** em they are so damn smart let them save themselves.
    May 28, 2011 9:02 PM

Brock Townsend said...

    Excellent and posted.
    May 28, 2011 9:10 PM

Adventures in Self Reliance said...

    Mr. police officer I think you believe you are doing your best in a bad situation. I don't want to make your life or job more diffacult. But unlike that Marine I will shoot any who tryto come through my doors and I got a shotgun. I don't want to shoot cops and I'm sure they don't want to die. But if you you are feeling frisky that weapon will not remain on safe it will be a 12 gauge shotgun and not a throwaway AR15. I'm locked and loaded. You want some come get some.
    May 28, 2011 9:44 PM

Curtis said...

    Name your various security apparatus from the despot flavor of the days gone by ... and you will find many who would say, for example ... "My interactions with the Stasi have always been good in spite of the fact the Stasi head Erich Mielke looked like a fool."

    The devil rewards some ... and ruins others.
    May 28, 2011 10:35 PM

Anonymous said...

    Interesting how quick the cop's changed Their story from "He shot first" to " weapon was on safe" and of course They will have found drugs in the house, They always find something,I would be willing to bet that these Guy's have never came up with nothing on a search warrent. 4th ammendment be dammed
    May 28, 2011 10:59 PM

Jim Bravo said...

    I can't get it out of my head either.

    It seems like we were just coming to grips with the recent Indiana and SCOTUS ruling on the 4th amendment and pondering the implications and bam! We get a horrible example.

    I'm afraid there will be more deaths like this.
    May 28, 2011 11:20 PM

Anonymous said...

    AP,
    The funny thing about us Americans is that we love Outlaws. We love to read about them, talk about them, brag about having known them, but we don't Kin them. At least not when they are alive. Outlaws have always been the thorns in the sides of Merchants of Progress, all the way back to the Hudson Bay Company, Rocky Mountain Fur Company, and many more. Their Outlaws were the Free Trappers.
    We all know you can't Kin an Outlaw in this day and time, if you do your life of serfdom is over. But, there is always a bounty for an Outlaw's head. Ducats of the realm, and maybe a pardon to boot. Seems a serf was sold as an Outlaw. We will cry MURDER, we will debate injustice, but the WHEEL will turn. The time of FEAR has been spun on the WHEEL. The Court of the Bastard King has declared Anarchy. There is no longer any Law, 'cept the Law of Survival. It is now the time of the Outlaw and his Kin.
    May 29, 2011 12:18 AM

John Robert Mallernee said...

    Patriot, Et Alii:

    I only want to correct you on something, which is always a sore point with me.

    We do NOT "celebrate" Memorial Day.

    Memorial Day is not appropriate for parades, fireworks, or celebrations.

    Memorial Day is to be solemnly observed.

    Memorial Day is a MILITARY holiday, intended as a remembrance of our MILITARY dead.

    There are three hundred and sixty-four OTHER days of the year when folks can decorate the graves of those who didn't serve in our military forces.

    Memorial Day and Veterans Day are NOT the same thing.

    Memorial Day is for honoring our military dead.

    Veterans Day is for honoring our LIVING military veterans.

    Veterans Day is appropriate for public celebrations, and especially, parades in full regalia.

    Both Veterans Day and Memorial Day are EXCELLENT opportunities to visit local schools and teach children.

    A little known fact of Memorial Day is that it began during the waning years of the War Between The States as a purely SOUTHERN tradition, when mothers and widows would decorate the graves of their Confederate dead.

    This quaint and courtly custom was noticed and plagiarized by a Yankee general from Illinois, John A. Logan, and Decoration Day became Memorial Day.

    Even that couldn't be left alone, but contemporary powers that be have changed the traditional Memorial Day observance on the Thirtieth of May to the last Monday in May, to create a long holiday weekend for thoughtless CELEBRATIONS!!!

    By the way, General John A. Logan is entombed in the cemetery at the Armed Forces Retirement Home in Washington, D.C., which is where I lived before I transferred down here to Mississippi.

    Once, following a day of festive celebration at the annual Celtic Festival and Scottish Gathering of Southern Maryland, a clansman drove me back to the Soldiers' Home, and commented, "This sure looks like a nice place to live, but why are all the buildings named after Yankee generals?"

    Thank you.

    John Robert Mallernee
    Armed Forces Retirement Home
    Gulfport, Mississippi 39507
    May 29, 2011 1:56 AM

Underground Carpenter said...

    AP,

    There is a mistaken notion that the US military fights for "the people." They do not and never have. They fight for a government, and they kill whomever our "leaders" tell them to kill. But it's OK because they're "sacrificing" for "us." I know I feel much better every time there's one less wedding party in Afghanistan. (Heavy sarcasm.)

    I know it sounds cool to say, "Resist, by any means necessary," but do you really want to be a martyr? Wouldn't it be better to live? Since I doubt you could gather 100 million(or even just 10) gun-owners to shoot up Washington DC, would you really have any chance at all by yourself? Face it, the vast majority of people in this country are solidly behind their government, and even the SWAT executions. They know they're being abused, but they think it's better than the alternative of no government. They're wrong, of course.

    Better to back slowly out of the room. Find a freer place(I don't know either) and move there. Better to live for your ideas. Sacrificing your life would be pointless.

    Dave
    May 29, 2011 2:52 AM

Toaster 802 said...

    Quoted and linked at http://greenmnts.blogspot.com/2011/05/we-are-all-jose-guerena-now.html
    May 29, 2011 4:34 AM

Disciple of Night said...

    Jan Brewer was really making me like AZ until this happened.
    May 29, 2011 5:24 AM

Anonymous said...

    AP,
    Of course these taxpayer supported thugs don't fear the citizenry that they seem to revel in oppressing. They probably don't need to because most folks don't have the willpower nor the skills to challenge them. I wonder however if they fear the righteous anger that the Marines who served with Jose Guerena in Iraq must have over this?
    How do those who are actively serving in our armed forces resolve the action of these thugs to themselves? They are far from home, sacrificing their lives and possibly their life to fight oppression and tyranny.....and back home, we seem to have our very own Gestapo busting down doors and shooting veterans. How in the HELL can the oppressors expect to continue this type of crap without there eventually being some righteous retribution?
    Having said all that, it's not our soldiers place to fight this, it's time for those of us here at home getting fat, lazy and stupid to man up (or woman up in the case of the lovely Ms. Barnhardt) and honor them and their efforts by raising holy hell. This will eventually get very ugly for the thugs. That much is inevitable.
    I don't know what to do until then other than prepare yourself mentally and physically to take action when it's time. And if that means taking 60 bullets for Team Freedom when they bust down your door, that will be a tragedy. But at that moment, the essence of your principles and what you believe in will prevent you from doing anything else.
    May 29, 2011 5:44 AM
Mutt said...

    Cry havoc! And let slip the dogs of war...
    May 29, 2011 6:11 AM

Anonymous said...

    I hope Mr. Self Reliance is planning nothing but head shots and pelvis shots. Shotguns are about worthless against body armor (yes, even with slugs)....and if it's a pump and not an auto ....you're really screwed.
    May 29, 2011 8:50 AM

Craig Cavanaugh said...

    AP, we are Jose Guerena. We have been, and will continue to be until WE DO SOMETHING to put a stop to it. It is us vs. them. And they've got us just where they want us...
    May 29, 2011 10:35 AM

Rhodes said...

    This has hit home with me also brother, it just keeps churning around up there and really in world gone mad I could not understand why this one incident has gotten me so angry.

    Then it hit me yesterday.

    I as you am Jose Guerena.
    We are all Jose Guerana...

    This was personal not abstract.

    There are things that no one could forecast that turn into watershed moments. Almost as if God has whispered in our ear...

    "Now do you see the evil my son?"

    Yes Lord I see.

    So instead of some farcical celebration there will be contacts made, uncomfortable words spoken, and plans formed.

    Nothing will be the same for us will it.

    To Jose where ever you may be ... safeties are off.
    May 29, 2011 10:40 AM

Anonymous said...

    A.P.,
    I'm with you 110%. I too am sick of this, I don't even know what to say anymore, nobody gives a flying fuk about anything and I'm tired of trying to wake people up.
    They don't care, unless you try to disrupt their parades and parties, that's enough to rile them up.

    Semper Fi, 0321
    May 29, 2011 11:55 AM

Reg T said...

    IIRC, Jose Guerena had either family or friends who suffered a home invasion not long before he was murdered by PIma County SWAT. It is my belief Jose saw the undercover officer doing his drive-bys and followed him because he thought it was a bad guy (it was, of course, just a different gang) casing the area.

    I would be willing to bet that the SWAT gang didn't like being checked out by Jose, didn't approve of him running their license plates. So they got a warrant (anybody get to see it or read it? Didn't specify what they were looking for, did it?), broke in and shot him, then waited for him to bleed out. Instead of doing a search of the house while he was at work, or arresting him on the street. It was "personal" at that point. "You don't mess with SWAT."

    Between Davis-Montham and Fort Huachuca, there are a lot of active military in the area, as well as retired military. Allow me to fantasize that one or more of them might step up to the plate on Memorial Day and take a bite in Jose Guerena's honor. Pulled pork makes the best BBQ.
    May 29, 2011 1:12 PM

Anonymous said...

    I have read everyone's comment, but the attitude of the one call "underground" even if I understand, I can't agree with it, that attitude of " we can't beat the government" has been the reason why we're were we're. no more no less. In fact, just because this happen to someone else, ( many if I add others ) do not mean that tomorrow will not be one of us.
    Remember? they came for the Jews and I did nothing, because I was not one of them.
    They came for black's and did nothing either, because I'm not black.
    They came for christians, well I did nothing, because I don't believe in God... and so forth...
    An the end, you going to be alone, because no one else is there to be with you to fight.
    Maybe is me, and few more like me, but I believe that if we don't stand up, speak up and fight back, no matter how long we think we can stay safe, the fact is that they are coming for all of us, and I refuse to be the pray, if I going to died, that for many of us, will be no matter what, at least I going to died fighting back, and that I'm sure off.
    So you see, it's ok that you feel that way, because seems to be that you already give up, but those that have your aptitude will help others to be ready, because most of those that think that way, will be the first one's to go.

    You want your country back... them stand up, speak up and NEVER SURRENDER... unite and be AMERICANS, ALL AS ONE. that is how you have to do it, nothing can be the spirit of the warrior, and this Nation has many of them...
    We are living the same things the founders did, different enemy and different war, but none the less the fight will be for the same things... so are you ready? are you preparing yourself, by join your State militia with your family so everyone can learn how to protect themselves? I suggest you do if you didn't yet.
    May god be with all of you, and those you love.

    God Bless the Republic of the USA and Her true patriots.!!

    " If you are not willing to fight for Freedom, you don't deserve to be free. Thomas Jefferson.
    May 29, 2011 4:17 PM

Miss Violet said...

    I find myself thinking about Jose Guerena a lot also.

    I think hollywood has conditioned citizens to swat type raids from police shows. That and the nonsense that you must be guilty of something unless you spill your guts to them. People are stupid/lazy about their rights so the police get away with that crap.

    I always loved the Patriotic holidays. Always flew the flag. Now I can't hardly look at the flag of these united States because the country I loved no longer exists.

    One reader states we should move to someplace that has more freedom. Where would that be? Pray, tell me, please, I would seriously consider going. The answer is, of course, such a place does not exist. I keep imagining living under more and more govt rule...like england, china, etc., trying to imagine going about life and trying to savor the little things in life that make it worth living... It leaves a bad taste in my mouth.

    There will be no fried chicken, no potato salad, and no beer here this memorial day weekend. It will be a solemn weekend of thought and decision.

    Perhaps a black armband would be more in the spirit of the situation ...

    P.S. To anyone that grumbles that I didn't capitalize a word or two...it was done on purpose. Purpose being...Contempt.
    May 29, 2011 5:20 PM

Anonymous said...

    Will Jose Guerena be the Crispus Attucks of the 21st century?
    May 29, 2011 5:20 PM

mlnr2b said...

    These incidents are getting more blatant and less disguised as we sit back and wait.

    Wait for WHAT I ask?

    Another state to decide that we have no rights in our homes.

    Another law to be passed in closed door back rooms by Our Congress that takes away even more of our liberties.

    Another tax-payer supported enforcement agency (and there are more than you may imagine) to take the life of you or another family member.

    What is the point of decision, and of no return? When does it stop getting overlooked, ignored or worse of all accepted?

    I will do my part and stand with any who honor our Constitution and the legacy of those who created our Country, those who believe tht our rights and liberties were originally and are still worth defending. If the need arises I will stand alone, swearing at the cowardice of those hiding behind shuttered windows.
    I pledge my life, my fortune and my sacred honor.

    For "We must indeed hang together or we shall absolutely hang seperately."
    Where are the patriots and believers?
    May 29, 2011 5:49 PM


blackacidlizzard said...

    @Adventures in Self Reliance

    Spare us the "sheep dog" talk. The "sheep dogs" were the ones kicking in that door and thousands of others in the US and abroad. The "sheep dogs" enforce the will of the masters, be they raiding your home or dropping bombs on the other side of the world. Killers in the service of tyranny, be they ignorant or amoral. They are not our benefactors, and I feel sick about having joined their ranks.
    May 29, 2011 7:08 PM

Anonymous said...

    I beg to differ. Indiana is *not* quiet. There was a protest at the capital for those that think that will do something. I do not.

    There are many of us working/calculating/discussing plans of action with fellow citizens, legislators, judges and yes, Mitch Daniels staff who believe this decision was a mistake at the least. It's the AG, Zoeller that is the problem.

    This will *not* stand. As do you, many of us answer the door armed as well as carry 24/7. Woe be it to the arrogant SWAT ninjas that mistakenly come to a home of a law abiding citizen. Sadly, the recent decision isn't a help to either citizens or police, rather it's a set up for disaster.

    The Senate R Leadership has already sent a polite but scathing letter to the majority Justices suggesting they have made a moral and legal error and are reqesting a re-hearing and/or a reversal.

    People are effing *pissed* at this. Granted, not enough folks even understand it, but there are enough of us to fix this problem one way or another.

    So, it is decidedly not quiet. Still water runs deep as they say. MSM isn't reporting this since they don't know about this activity and they probably wouldn't if they did anyway as it doesn't sell papers.

    This wll be a summer of action. Stay tuned.

    Unsigned, since I totally distrust my? gov't...
    May 29, 2011 9:04 PM

Arctic Patriot said...

    Anon 9:04,

    I wish you success.

    I am somewhat invested in Indiana's immediate future, as my parents and several siblings live in the northern part of your state (although I never did, personally).

    I hope your summer can be a model of a successful rollback effort.

    I fear that before that can happen, disaster will strike, as it seems to have been made inevitable.

    Nevertheless, godspeed.

    Thank you for your efforts.

    AP
    May 29, 2011 9:43 PM

Jim Bravo said...

    Anonymous said...
    Will Jose Guerena be the Crispus Attucks of the 21st century?

    God, I hope so. This country should be better than what is tolerated.

    I think we have more than enough for a disclaimer of Intolerable Acts, between recent developments and those cataloged in "III to Liberty".

    Understand that legitamacy for future acts must be built upon past acts by a tyrannical government. We must present the case, because it is being built for us. It all but needs framing for the rational, but distracted mind.
    May 30, 2011 1:30 AM

Underground Carpenter said...

    Worthy Commenters,

    You're missing something. A big something. The reason we have a police state is because the vast majority of people in this country want it. And it's not because they're "sheep." They are people just like you, with the same concerns about feeding their family and carrying on with their lives.

    The only difference between you and the people you call sheep is a difference of opinion about what freedom is. The "sheep" are not blind to the abuses. They just think that a police state is better than anarchy. I think they're wrong, but that is truly an opinion.

    So if you want to fight for "freedom", you have more people to fight than just police, military, and letter-agencies. You'll have to fight your neighbor. And from his perspective, you're trying to force your minority position on him. Which makes you no better than a SWAT team.

    Think about it before you start heaping abuse.

    Dave
    May 30, 2011 2:46 AM

Namenlos said...

    We have already reached and on track to exceed Mao levels of death. They will not stop but only get worse. Why a certain priest tells KoC members to own a firearm and learn it. Why stop at defenseless babies and the infirm? The culture of death requires blood sacrifices for their master.

    Look at the paganistic world around you and it is not shocking nor surprising. Heck we have all been jabbering about this for some time. A solidarity movement with teeth is required at this stage, and at this point would be perfect. The death cultus is too weak to just straight jack everybody on their list because currently that would be pushing it way too far to be palatable. This is changing after all the pin prick attacks and with every war of aggression sanctioned.
    May 30, 2011 5:51 AM

Rollory said...

    "We have already reached and on track to exceed Mao levels of death. "

    This is a blatant lie.
    May 30, 2011 3:14 PM

Craig Cavanaugh said...

    So You say.
    May 30, 2011 3:39 PM

Craig Cavanaugh said...

    Rollory, you need to review history. The American and foreign dead due to war, the abortions, the death by cops... Mao would have been proud.
    May 30, 2011 4:04 PM

Jimmy the Saint said...

    "I as you am Jose Guerena.
    We are all Jose Guerana..."

    No, we're not. The absolute most anyone will do is surreptitiously flip off a cop. Even the guys who promise "100 heads," "no more Wacos," etc.

    No one will do anything. We know it. They know it.
    May 30, 2011 8:30 PM

G3Ken said...

    Now that I have hit my mid-forties, my perspective has changed greatly.

    Yes, a lot of people (myself) spend WAY too much time on the internet, but if it serves no other purpose than to pass information and educate the non-sheep. The more I read, the better educated and more disgusted I get with our political leaders, the militarization of the police and the utter desire from a certain segment to obtain complete control over us all....until we're disarmed, harmless servants.

    Those of you out blogging, videotaping, informing etc have given my strength and courage that I never knew I had, despite serving five years in the military.

    I've read enough, seen enough and am intelligent enough to know that we have already done everything we can within the boundaries of "civility" to right this ship. The time has passed.

    I now realize that I'd love to see my daughter finish college and walk her down the aisle someday. I'd love to spend more time with my awesome 23 y/o son, who amazed me with his intellect on a daily basis. Thing is, there are some really BAD times ahead, some SHTF action. I would much rather it occurs sooner rather than later.

    I don't wish to die, nor leave my family, but the time's fast approaching where there will be NO option. I'm NOT going to start it, as it will almost certainly be the result of the .gov folks through another WACO another 70+ round fusillade fired into a father in front of his wife, another SOMETHING, a catalyst that brings some of you out there.

    Am I a coward for waiting? Maybe, but I can't see how hurting another human being unprovoked will help me. Now if there's a war going on, I am "in". I have no fear of dying, but I fear being remembered by my family as a coward.

    I remember my 103 lb. wife commenting on Saddam's hanging. That he calmly and defiantly walked to the gallows to his death with balls. No begging, no speeches, just kind of like a "let's get it on" type attitude. Soon, someone's gonna "light this candle". We may win and I may noy live to se it. Neither did Nathan Hale, but I still admire the man over 200 years later. Balls!
    May 30, 2011 10:36 PM

SFMEDIC said...

    http://sfmedic.blogspot.com/

    Is this what Nepalitano meant when she said America's returning War on Terror vets are a threat to domestic security? Is this how it starts with the left pointing the civil police and military units at us?
    May 31, 2011 2:22 AM

HonourableMeans said...

    Great post, which inspired me.

    You are linked in my latest:
    "We are Jose Guerena" at thebonnieblueblog.blogspot.com.

    Take care and keep fighting the good fight.

    HM
    May 31, 2011 8:23 AM

J. Croft said...

    Epic.

    Um, update: Veronica Guernera reported during her arrest that the AR-15 wasn't Jose's-it was a throw down.

    Why target Jose? Why throw down a AR-15?

    The SWAT team sent in was amateurish in conduct and execution... not meant as a pun.

    Juse Guernera worked double shifts at a mine. Miners typically aren't the type to be slanging dope.

    The why of this by Pima county is becoming more and more interesting.
    May 31, 2011 2:22 PM

sofa said...

    I AM JOSE GUERENA.
    May 31, 2011 4:56 PM

Anonymous said...

    Jose was my brother, I too am a Marine.

    Semper Fidelis, 0321
    May 31, 2011 8:43 PM

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« Reply #14 on: 2011-June-19 08:54:17 PM »

http://abcnews.go.com/US/tucson-swat-team-defends-shooting-iraq-marine-veteran/story?id=13640112

Arizona SWAT Team Defends Shooting Iraq Vet 60 Times

By ELLEN TUMPOSKY
May 20, 2011

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.

And the Pima County sheriff, whose team conducted the raid, scolded the media for "questioning the legality" of the shooting.

Jose Guerena, 26, died the morning of May 5. He was asleep in his Tucson home after working a night shift at the Asarco copper mine when his wife, Vanessa, saw the armed SWAT team outside her youngest son's bedroom window.

"She saw a man pointing at her with a gun," said Reyna Ortiz, 29, a relative who is caring for Vanessa and her children. Ortiz said Vanessa Guerena yelled, "Don't shoot! I have a baby!"

Vanessa Guerena thought the gunman might be part of a home invasion -- especially because two members of her sister-in-law's family, Cynthia and Manny Orozco, were killed last year in their Tucson home, her lawyer, Chris Scileppi, said. She shouted for her husband in the next room, and he woke up and told his wife to hide in the closet with the child, Joel, 4.

Guerena grabbed his assault rifle and was pointing it at the SWAT team, which was trying to serve a narcotics search warrant as part of a multi-house drug crackdown, when the team broke down the door. At first the Pima County Sheriff's Office said that Guerena fired first, but on Wednesday officials backtracked and said he had not. "The safety was on and he could not fire," according to the sheriff's statement.

Tucson SWAT Team Shot Iraq War Vet 60 Times

SWAT team members fired 71 times and hit Guerena 60 times, police said.

In a frantic 911 call, Vanessa Guerena begged for medical help for her husband. "He's on the floor!" she said, crying, to the 911 operator. "Can you please hurry up?"

Asked if law enforcement was inside or outside the house, she told the operator, according to a transcript of the call, that they were inside. "They were ... going to shoot me. And I put my kid in front of me."

A report by ABC News affiliate KGUN found that more than an hour had passed before the SWAT team let the paramedics work on Guerena. By then he was dead.

A spokesman for Sheriff Clarence Dupnik said he could not discuss whether any drugs had been found at the home or make any other comment. "We're waiting for the investigation to be complete," he said.

In a statement, the sheriff's office criticized the media, saying that while questions will inevitably be raised, "It is unacceptable and irresponsible to couch those questions with implications of secrecy and a coverup, not to mention questioning the legality of actions that could not have been taken without the approval of an impartial judge."

Mike Storie, a lawyer for the SWAT team, said at a press conference Thursday that weapons and body armor were found in the home as well as a photo of Jesus Malverde, who Storie called a "patron saint drug runner," according to KGUN.

Storie defended the long delay in allowing paramedics to enter the home, saying of the SWAT team, "They still don't know how many shooters are inside, how many guns are inside and they still have to assume that they will be ambushed if they walk in this house."

But Scileppi, Vanessa Guerena's lawyer, said officers were "circling their wagons."

"They found nothing in the house that was illegal," he said. Framing the delay in providing medical attention as a tactical decision is "nonsense," Scileppi said. "There was an ambulance there in two minutes and they were never allowed in."

He pointed out that when Rep. Gabrielle Giffords was shot in Tucson, law enforcement let paramedics have access to victims in a far more volatile situation.

"The pieces don't fit. I think it was poor planning, overreaction and now they're trying to CYA," Scileppi said.

Guerena served two tours of duty in Iraq until he left the Marines in 2006.

"Every time he was under my command, he definitely pulled his weight," said Leo Verdugo, his master sergeant in Iraq, who helped arrange for Guerena to be buried in his Marine dress blue uniform. "I have a hard time grasping how something so tragic could happen."

He speculated that perhaps it was a case of mistaken identity. "At the wrong place at the wrong time in his own home," he said.

Vanessa Guerena is "devastated and distraught" and seeking justice for her husband and two sons, said her lawyer. "The main thing she wants is her husband's name cleared and his honor restored."

The oldest boy, Jose, turns 6 on Tuesday. "He went to school, came back and never saw his daddy again," said Ortiz. As for Joel, "He's asking, 'Why did the police kill my daddy?'

"We were so worried when he was over there fighting terrorism, but he gets shot in his own home," Ortiz said. "The government killed one of their own."
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