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Big Payout In Drug Raid Killing Of Ex-Marine


Police RaidBy Phillip Smith

An Arizona county and several towns will pay big-time for the killing of homeowner Jose Guerena in a 2011 SWAT drug raid. The jurisdictions will pay $3.4 million to his widow to settle a lawsuit she filed after his death, the Associated Press reported last Thursday.

Guerena was gunned down in the hallway of his home by invading SWAT officers as he crouched defensively with an AR-15 in his hands. Five SWAT officers fired 72 shots at him, hitting him 22 times and killing him on the spot.

He had early that morning from working an overnight shift at the ASARCO mine, and was asleep in bed when his wife warned him that armed assailants were surrounding the house. He instructed his wife and four-year-old son to hide in a closet while he grabbed his rifle and went to confront the intruders. Police initially claimed he fired first, but that turned out not to be the case.

The case became a cause célèbre for critics of aggressive police tactics, even roiling the waters of the local Republican Party. A Google search for “Jose Guerena” now returns more than 62,000 hits.

His widow filed a $20 million lawsuit against Pima County and the towns of Marana, Sahuarita, and Oro Valley, all of which had officers on the SWAT team. She alleged that the SWAT team acted negligently throughout, beginning with the signing of the search warrant and extending to the period after Guerena was shot, when police left him lying on the floor for more than an hour before allowing medical treatment to begin.

Pima County prosecutors could find no fault with the raid or the SWAT team.

“Under the circumstances, and based upon our review of all the available evidence, we have concluded that the use of deadly forces by the SWAT Team members was reasonable and justified under the law,” rule Pima County District Attorney Barbara LaWll. “Accordingly, the Pima County Attorney’s Office finds no basis to prosecute,” she concluded in her report.

Article From StoptheDrugWar.org - Creative Commons Licensing - Donate


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Johnny Green


  1. Preach on brother, im not one who likes violence or to quarell but enough is enough, the so called “law” do as they please and get away with it and the sorry Da paperpushers defend them…im with u bro…do that to my kin and ill make national headlines…they may kill me too but not before i bring down this disseased corrupt temple….maybe theyll think twice before killing the innocent……Law Abiding Citizen

  2. This kind of story is outrageous and makes my blood boil. If law enforcement continues to infringe on our rights to liberty and happiness I expect a revolution on American soil in my lifetime. I can’t believe our government gets away with this kind of crap on a daily basis. How does anyone keep their job that’s associated with this death? This man served his country and his family, and some SWAT team lets him bleed out on the floor without any effort to save his life. Keith’s comment about retribution is not that far fetched… eventually someone’s family is going to go ape-shit all over the agency that irrevocably harms a member of their family. I pray this won’t happen. I believe in reincarnation and karma, and I believe our journey never ends, but continues on into the infinite. My only solace is that the injured family can move on with their lives peacefully and that the people who do evil will learn from their mistakes and make amends. I know that retribution sounds great in the heat of the moment, but it only brings more sadness and injustice. Jesus taught us to turn the other cheek, not just for the benefit of our enemy, but for ourselves. We’ve all done wrong, big and small… love and forgiveness is the path of the holy ones.

  3. Robert Dewayne King on

    And this is precisely why SWAT teams are masked and never individually named to the public ! There is also a large “disconnect” between these killers and the politicians who use and support them !

  4. Well lets see, he was shot 22 times and he was not at fault, drug task force had the wrong address and he was denied medical attention for over an hour ( Not that it would have done any good,) however, I would say, if Rodney King got 1 million for every hit he took then, this Marine’s family should get no less than 22 million plus.

    All that were involved, including the judge should all be fired, arrested and convicted of murder!!!!!!

    You wonder why I hate police, lawyers and judges.

  5. the family should all get together with friends and supporters and kill the people responsible,that is justice,and thats exactly what i would do if they did that to my family. wouldn’t be any lawsuits,kill someone i love, i will kill you back. that badge and uniform aint gonna save you.

  6. the shooters and the person who ordered the raid on the wrong house should be charged with the highest degree of murder charge in the Arizona Law Books and given mandatory sentences of life without parole for violating the public trust…

  7. all the parties concerned , the corporate thugs that gunned this Vet down, the administrators who approved the operation..the supervisors and District attorneys who approve and supported the ruling that “Pima County prosecutors could find no fault with the raid or the SWAT team.”, all of them need to be fired, then banned from public service and let the lawyers go after their personal assets and ……then…this tactics of death will stop..but not until those that commit these henious acts of terrorism are left with nothing………..

  8. Shayna Lynn Ferguson on

    No, they had the wrong address. Like this would have been fine if the address was correct. SMH

  9. disqus_kz0degMnR7 on

    “…a “calculated risk management settlement,” Pima County Administrator Chuck Huckelberry told the Arizona Daily Star.” This is your nightmare as long as you condone the war on drugs folks!

  10. It seems to me that the guy was just protecting his home. The SWAT team is at fault for wrongly killing a man in his own home who thought it was intruders trying to rob him or murder him or whatever. We will never know the real reason now.

  11. Johnny Bloomington on

    “Pima County prosecutors could find no fault with the raid or the SWAT team.”

    WHAT! This is bullshit! This country is losing it’s way. It looks like the Pima County District Attorney Barbara LaWll is just protecting her own. The War of Drugs… Change can’t come quick enough.

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