Arizona SWAT Team Cleared after killing Marine Vet Jose Guerena

Arizona SWAT Team Cleared in Former Marine's Killing

By DEAN SCHABNER
June 14, 2011
The SWAT team that gunned down a former Marine in his Tucson, Ariz., home was cleared today of any wrongdoing in the incident.

Jose Guerena, 26, was killed in a hail of bullets from the SWAT team, which broke down the door to his home on May 5 while trying to serve a search warrant as part of a home invasion probe.

Guerena did not fire a single shot in the incident, but Pima County Chief Criminal Deputy Attorney David Berkman said in the report issued today that the five SWAT team members were justified in using deadly force because the former Marine pointed his weapon at them.

"A close examination of the rifle revealed it appeared to have been damaged by being fired upon from such an angle that it must have been pointed toward officers," Berkman wrote. "The officers were mistaken in believing Mr. Guerena fired at them. However, when Mr. Guerena raised the AR-15 semi-automatic assault rifle in their direction, they needed to take immediate action to stop the deadly threat against them."
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Arizona SWAT Team Cleared in Former Marine Killing