Family Of Jose Guerena, Former Marine Killed By SWAT Team, To Receive $3.4 Million

Under the terms of a settlement announced last week, the family of former Marine and Iraq war veteran Jose Guerena will receive $3.4 million from the various police agencies involved in his death. The bulk of the settlement, $2.35 million, will come from Pima County, Ariz. Despite the settlement, the county admits no wrongdoing, and none of the officers involved have been fired or disciplined. The towns of Marana, Oro Valley and Sahuarita also had officers on the raid team, and will pay the remaining $1.05 million.

On May 5, 2011, the SWAT team, primarily from the Pima County Sheriff's Department, raided the home of Guerena, a 26-year-old father of two. Guerena was asleep at the time, along with his wife Vanessa and their 4-year-old son. According to Guerena's wife, he woke to the sounds of men breaking into his home and believed they were home invaders, the family's attorney says. Guerena rushed his family into a closet, then grabbed his rifle. When police smashed open the door, they saw him with his weapon and opened fire, unleashing a barrage of 71 bullets. They initially claimed to have seen a muzzle flash from Guerena's gun, but ballistics tests later show his gun was never fired. In fact, the former soldier still had the gun's safety engaged, the police report states. A video of the raid shows roughly 38 seconds expired from the time the police briefly sounded a siren upon pulling into Guerena's driveway until they shot him. The family's home was riddled with bullets. Neighboring houses were hit as well.

Read this article at The Agitator.

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  • John||

    There needs to be a law against paying out any money via insurance policy or otherwise from a government entity in a tort or civil rights law suit where the government doesn't also admit wrong doing. If the government didn't do anything wrong, it shouldn't be giving a free gift to this family at tax payer expense. If it did, then it shouldn't be able to buy silence via a settlement. They just cost the tax payers millions or if it was insured hundreds of thousands increased insurance rates.

    What a load of shit this is. Pay out a multi million dollar settlement but still claim they did nothing wrong. If 3.4 million dollars turned up missing in any other context, "we did nothing wrong the money just disappeared" would not be an acceptable answer. It shouldn't be here either.

  • wwhorton||

    Agreed.

    Also, minor correction to the article: there is no such thing as a "former" Marine.

  • ||

    Lee Harvey Oswald.

  • Andrew S.||

    Gunnery Sergeant Hartman: Do any of you people know who Charles Whitman was? None of you dumbasses knows? Private Cowboy?
    Private Cowboy: Sir, he was that guy who shot all those people from that tower in Austin, Texas, sir!
    Gunnery Sergeant Hartman: That's affirmative. Charles Whitman killed twelve people from a twenty-eight-story observation tower at the University of Texas from distances up to four hundred yards. Anybody know who Lee Harvey Oswald was? Private Snowball?
    Private Snowball: Sir, he shot Kennedy, sir!
    Gunnery Sergeant Hartman: That's right, and do you know how far away he was?
    Private Snowball: Sir, it was pretty far! From that book suppository building, sir!
    Gunnery Sergeant Hartman: All right, knock it off! Two hundred and fifty feet! He was two hundred and fifty feet away and shooting at a moving target. Oswald got off three rounds with an old Italian bolt action rifle in only six seconds and scored two hits, including a head shot! Do any of you people know where these individuals learned to shoot? Private Joker?
    Private Joker: Sir, in the Marines, sir!
    Gunnery Sergeant Hartman: In the Marines! Outstanding! Those individuals showed what one motivated marine and his rifle can do! And before you ladies leave my island, you will be able to do the same thing!

  • Killazontherun||

    Fun fact: Upon autopsy, they discovered Charles Whitman had a tumor the size of a golf ball in his head.

  • R C Dean||

    Its no such thing as an "ex-Marine". "Former Marine" is acceptable.

    "Absolutely, there is no such thing as an ex-Marine," he said. "Once a Marine, always a Marine. When people say former Marine, most oftentimes, it refers to someone who formerly served in an active or reserve capacity. I never met anyone who said 'former Marine' and meant it in any disrespectful manner. Definitely a taboo phrase would be 'ex-Marine.' "

    http://www.military.com/marine.....rines.html

  • SomeGuy||

    psh the organization is full of degenerates. They lack any moral character and are the biggest yes man tools in the world.

  • Rich||

    Well said.

    Pima County Administrator Chuck Huckelberry called the agreement a “calculated risk-management settlement.”

    And what if Guerena's widow had wanted, say, ten times that much?

  • Cdr Lytton||

    She'd get what her husband got?

  • Killazontherun||

    I can only imagine how pissed a resident of that county, assuming a non chump, of course, would have to be at this. Paying taxes to wash the hands of the murderous scum responsible for this.

  • ||

    Count me as a "pissed off resident"of Pima county. My property taxes fund this shit.

  • John||

    And lets not forget what the cops said when this thing first happened. From the "barrage of bullets" link above

    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."

    Everything they did was totally appropriate. They are just giving away that money.

  • JW||

    "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."

    Maybe they should deploy a Special Weapons and Tactics Team, then. I hear they're exactly what you'd want to use in situations like these, instead of the troop of pants-shitting baboons you have there.

  • The Last American Hero||

    Take these settlements out of the police pension fund, and the police will police their own. Until they have skin in the game, these abuses will continue.

  • Mokers||

    Exactly. Take the insurance premiums out of the pension fund and any shortfalls caused by such have to be covered by current members and I bet suddenly people will start getting fired if they mess it.

  • SomeGuy||

    that is seriously a GREAT idea! That would solve this shit faster than anything else.

  • Fist of Etiquette||

    Despite the settlement, the county admits no wrongdoing, and none of the officers involved have been fired or disciplined.

    Talk about your unnecessary sentences.

  • John||

    The other irony of this case is that both of the guy's brothers really did turn out to be running a major drug operation. They very well may have had the right guy here. But thanks to them being trigger happy baboons, the tax payers are not giving his family millions. Way to go guys.

  • ||

    His Family was bad.He was not.
    The member of "major drug operation" or "home invasion crew" does not work 12 hour shifts at the Asarco mine in Green Valley.

  • The Late P Brooks||

    the county admits no wrongdoing, and none of the officers involved have been fired or disciplined.

    I never saw that coming.

    I'm flabbergasted.

  • sarcasmic||

    They initially claimed to have seen a muzzle flash from Guerena's gun, but ballistics tests later show his gun was never fired.

    So charges of filing false reports and perjury will soon be... ha ha ha ha ha!

  • Fist of Etiquette||

    “However, legal advisers and insurers recognize the unpredictable resolution of disputes at trial regarding police conduct and even well-accepted police tactics. As a result, well-established business and insurance principles call for compromise and the resolution of disputed cases to mitigate risk and avoid the expense of a trial.”

    The law enforcement officers didn't possess the courage to refrain from the well-accepted police tactic of panic fire in a house containing a toddler, so I wouldn't expect their various departments to have the courage to admit their fatal mistake after the fact.

  • John||

    If your "well accepted practice" shocks jurors and causes them to award millions, maybe it shouldn't be so well accepted. That paragraph is really quite remarkable when you think about it. They are basically admitting that an unbiased outside observer would likely find their tactics objectionable. Fucking scumbags.

  • sarcasmic||

    Officer safety!

  • John||

    Survivor benefits and life insurance policies are a lot cheaper than civil rights judgement. Sometimes the money has to drive the decision.

  • sarcasmic||

    OPM. What do they care?

  • Slammer||

    well-accepted police tactics

    Accepted by the police and who else?

  • R C Dean||

    Who else?

    Why, everyone who has STOPPED RESISTING.

  • Paul.||

    Clearly, you've never been around a toddler. They're the very definition of "furtive movement".

  • Louis Cypher||

    SWAT raids and the WOD are both abominations and should be ended. If they really thought him such a large operation, they could have simply arrested him as he left for work the next morning. Then searched the house.

  • John||

    But that would have prevented them from terrorizing him. That is all these raids are about. I read an article the other day about a particularly appalling bit of entrapment the FBI did regarding child porn. But the article related to this subject as well. The case involved some university prof. The FBI figured out the IP address and had a warrant for the guy's house. So, they show up, bang on the door, ask him to step outside on some false pretense and then some goon proceeds to tackle him and handcuff him and 8 other goons storm inside the house.

    There is no operational justification for those tactics in that situation. They just did it because they like to terrorize people. The article put those details in without even commenting or noticing how appalling it is. It is disgusting.

  • Louis Cypher||

    There is no operational justification for those tactics in that situation. They just did it because they like to terrorize people. The article put those details in without even commenting or noticing how appalling it is. It is disgusting.

    Agree with you on this. I notice that peoples trust in police has been declining and I credit camera phones for it, which is a good thing. I do see and hear officers starting to actually talk about it now, which is good. 5-10 years ago not so much.

  • sarcasmic||

    But when there's an actual shooting going on they cower in their cars until it's over, then go clean up the mess.

  • DEATFBIRSECIA||

    See: Randy Weaver, Ruby Ridge

  • Night Elf Mohawk||

    Also Waco/Mt. Carmel

  • R C Dean||

    Let's not forget Navy Yard, where the SWAT team went home while the shooting was still going on.

  • mr lizard||

    A pretty quick settlement (ie less than 3 years later) = fear of discovery hearings

  • Paul.||

    I think it's really nice that police departments around the country can buy their way out of unjustified shootings and thus save the careers of good, solid officers.

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