Home Forums Hunting & Shooting Hunter's Campfire SWAT kills Marine in his home

Where did it say it was a no knock warrant?

He had time to wake up, understand what was happening, get his AR, tell wife and kids to get in closet. There is alot of time there for a no knock warrant. Thats not taking into account if he had to load the the AR or not. I would think with small kids that it was out of reach of them or had to be loaded (not near the bed).

Dink

It has nothing to do with clearing the house when the possibility of 1 or more live shooters are still capable of firing weapons at either the police or unarmed medical personnel.

I'm guessing the simple answer is that there was no rush for the medics by that stage...

If it is ruled a righteous shooting,the number of shots is legally irrelevant.

It has nothing to do with clearing the house when the possibility of 1 or more live shooters are still capable of firing weapons at either the police or unarmed medical personnel.

It's not their call to make. Back when this was my gig, medics were on standby for us and the bad guy if something went bad.

So it would never be brought up?

Strike that from the record.....right.

Point being its legally irrelevant, but its still going to be brought up, because it does matter.

Reverse Scarface isn't something the legal system finds redeeming...

Updated: May 19, 2011 4:45 PM EDT
By Brian White, producer - bio | email


Both sides in SWAT shooting case come out swingingNOTE: We'll be hearing from the lawyers representing the Guerenas later Thursday.

TUCSON, AZ (KOLD) - The lawyer assigned to represent the SWAT team who fatally shot a suspect said the operatives clearly identified themselves upon entering.

In a press conference held Thursday, Michael Storie -- the attorney representing law enforcement officers involved in the shooting-- said they clearly identified themselves as police in both English and Spanish.

After banging on the door for up to a minute with no answer, Storie said, the SWAT team decided to force their way in.

"This was not a no-knock warrant situation," Storie said.

SWAT operatives fired on the suspect, 26-year-old Jose Guerena, at least 60 times. Guerena pointed an assault rifle at the SWAT team as they breached the home, prompting the gunfire, Storie told reporters Thursday.

Despite initial reports from the Sheriff's Department that Guerena fired at them, deputies eventually said the suspect did not fire at the officers and that the safety mechanism was engaged.

Storie said there was a variety of situations that would've lead the SWAT team to believe that Guerena shot at them, including confusion and a false "interpretation" of the situation due to the stresses.

He described a scene full of smoke, "splinters" and sounds that could've lead to the shooting.

Ultimately, Storie said, the SWAT operatives felt threatened because Guerena pointed the assault rifle at them.

"These were not the actions of a citizen wanting a peaceful outcome," Storie said, referring to Guerena's actions.

After the shooting, the SWAT team withdrew from the house, not knowing if the suspect had been shot or not because he fell out of view, according to the lawyer. At that point, they reassessed the situation as a "barricaded person" being in the home. The attorney said the SWAT team was unsure if there were other armed suspects in the house at that time.

Medical teams were not allowed in because of this, Storie said. SWAT operatives sent in robots to ensure the house was cleared, he added.

SEARCH WARRANTS

So what was found at the home during the search? The judge assigned to the case has sealed the search warrant returns, preventing the public from knowing.

"Everything they think they're gonna find in there, they find," Storie said.

Handguns, assault rifles, part of a law enforcement uniform and body armor were found, he said. Along with a portrait of Jes�s Malverde, the patron saint of drug running. The portrait was found under the suspect's bed face up, Storie said.

Storie believes that Guerena and/or the group he was allegedly working with used the law enforcement uniforms to invade other homes.

MULTIPLE HOUSE RAID

The lawyer went into a little detail about the multiple search warrants linked to this case that SWAT operatives were serving that day.

Storie said that determining the timing of calls made that day to 911 will be important in the case. He believes that Guerena's wife called one of the houses being searched to notify those suspects her husband had been shot.

He thinks this because residents in those homes screamed at law enforcement when they arrived.

"How did he get this information?" Storie asked. "This information had to come from within this house, from the wife, to the relatives."

OTHER NOTES

Storie said a "hit" was made on a law enforcement officer's license plate after driving by his house for surveillance purposes.

Storie believes Guerena noticed the surveillance unit driving by and had the plate checked against Department of Motor Vehicle records. The records on that plate were pulled minutes after driving by, he said.

Updated: May 19, 2011 4:45 PM EDT
By Brian White, producer - bio | email


Both sides in SWAT shooting case come out swingingNOTE: We'll be hearing from the lawyers representing the Guerenas later Thursday.

TUCSON, AZ (KOLD) - The lawyer assigned to represent the SWAT team who fatally shot a suspect said the operatives clearly identified themselves upon entering.

In a press conference held Thursday, Michael Storie -- the attorney representing law enforcement officers involved in the shooting-- said they clearly identified themselves as police in both English and Spanish.

After banging on the door for up to a minute with no answer, Storie said, the SWAT team decided to force their way in.

"This was not a no-knock warrant situation," Storie said.

SWAT operatives fired on the suspect, 26-year-old Jose Guerena, at least 60 times. Guerena pointed an assault rifle at the SWAT team as they breached the home, prompting the gunfire, Storie told reporters Thursday.

Despite initial reports from the Sheriff's Department that Guerena fired at them, deputies eventually said the suspect did not fire at the officers and that the safety mechanism was engaged.

Storie said there was a variety of situations that would've lead the SWAT team to believe that Guerena shot at them, including confusion and a false "interpretation" of the situation due to the stresses.

He described a scene full of smoke, "splinters" and sounds that could've lead to the shooting.

Ultimately, Storie said, the SWAT operatives felt threatened because Guerena pointed the assault rifle at them.

"These were not the actions of a citizen wanting a peaceful outcome," Storie said, referring to Guerena's actions.

After the shooting, the SWAT team withdrew from the house, not knowing if the suspect had been shot or not because he fell out of view, according to the lawyer. At that point, they reassessed the situation as a "barricaded person" being in the home. The attorney said the SWAT team was unsure if there were other armed suspects in the house at that time.

Medical teams were not allowed in because of this, Storie said. SWAT operatives sent in robots to ensure the house was cleared, he added.

SEARCH WARRANTS

So what was found at the home during the search? The judge assigned to the case has sealed the search warrant returns, preventing the public from knowing.

"Everything they think they're gonna find in there, they find," Storie said.

Handguns, assault rifles, part of a law enforcement uniform and body armor were found, he said. Along with a portrait of Jes�s Malverde, the patron saint of drug running. The portrait was found under the suspect's bed face up, Storie said.

Storie believes that Guerena and/or the group he was allegedly working with used the law enforcement uniforms to invade other homes.

MULTIPLE HOUSE RAID

The lawyer went into a little detail about the multiple search warrants linked to this case that SWAT operatives were serving that day.

Storie said that determining the timing of calls made that day to 911 will be important in the case. He believes that Guerena's wife called one of the houses being searched to notify those suspects her husband had been shot.

He thinks this because residents in those homes screamed at law enforcement when they arrived.

"How did he get this information?" Storie asked. "This information had to come from within this house, from the wife, to the relatives."

OTHER NOTES

Storie said a "hit" was made on a law enforcement officer's license plate after driving by his house for surveillance purposes.

Storie believes Guerena noticed the surveillance unit driving by and had the plate checked against Department of Motor Vehicle records. The records on that plate were pulled minutes after driving by, he said.

After banging on the door for up to a minute with no answer, Storie said, the SWAT team decided to force their way in.

Storie said there was a variety of situations that would've lead the SWAT team to believe that Guerena shot at them, including confusion and a false "interpretation" of the situation due to the stresses.

He described a scene full of smoke, "splinters" and sounds that could've lead to the shooting.

Like I said,it's best to wait and see how the facts develop. If this man was part of a drug and home invasion operation,then everyone calms down....if they're sane and rational,that is.

If the "heat" F'd up,those kids and their mommy will have their redress,bigtime.
But yes,just 3 hours later there appears to be more insight making this matter,as is most often the case,another situation comprising two sides of a dynamic situation.