Family of Marine Killed in Arizona SWAT Raid Sues Pima County [Archive] - Glock Talk

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PROSOUTH
08-18-2011, 17:27
Family of Marine Killed in Arizona SWAT Raid Sues Pima County for $20 Million

Jose Guerena was killed by a Pima County SWAT team back in May. His wife, Vanessa, and 4-year-old son were in the home at the time but were fortunately unharmed when police fired dozens of bullets into the home. Guerena himself did not fire on police, but police reported he was holding a rifle when they broke the door down. Follow-up investigations have shown that Guerena was related to people likely involved in criminal activity, but Guerena himself appears to have been on the sidelines.

Now Vanessa Guerena is filing suit against Pima County to the tune of $20 million dollars.

Radley Balko follows up with a good summary of the case, the political fall-out, and the interesting detail that nobody has yet been arrested in the Pima investigations, including Jose Guerena’s brother, Alejandro, who appears to have been a much more likely suspect than Jose.

Balko concludes:

“The Guerena family lawsuit likely faces an uphill battle. Police officers are protected by the doctrine of qualified immunity, which makes it difficult for lawsuits like the Guerena’s to even get into court. But if their case is allowed to proceed, they will get access to records the Pima County Sheriff’s Department has yet to release. The result could be an understanding of whether the tactics and raid that claimed the life of Jose Guerena were aberrant, or standard practice in Pima County.

michael e
08-18-2011, 17:30
Is this the same person that the whole family was involved in drugs?

DaBigBR
08-18-2011, 17:32
Somebody on the side lines is still part of the team.

Patchman
08-18-2011, 17:36
He was a former Marine. And possibly a former choir boy. But definitely a "person-of-interest" in a string of AZ home invasions.

So can we change the title to "Family of Possible Home Invasion Crew Member Killed in Arizona Search Warrant Sues Pima County."?

Sam Spade
08-18-2011, 18:45
Is the part not in quotes your writing, a loose paraphrase, or what? Because I don't like the bias and general tone. Maybe it's me.

But I notice that there are misrepresentation of facts and word choice that's a bit negative. Examples:

"Follow-up investigations have shown that Guerena was related"...No. Those investigations were prior to warrant service and the related facts were included in the affidaivit. It formed part of LE decision-making.

"but police reported he was holding a rifle"... The implication is that this is merely an allegation. In fact, he was holding a rifle and the pattern of LE bullet strikes on the rifle indicates that it was pointed at the cops.

"on the sidelines"...He provided cars and maybe weapons to his prohibited possessor brother, he was present in a stash house when ICE showed up, he was in possession of a stolen AR...

And of course, nothing from Radley Balko is "good". He's a crappy researcher who routinely manipulates facts to advance an agenda.

Morris
08-18-2011, 19:05
And of course, nothing from Radley Balko is "good". He's a crappy researcher who routinely manipulates facts to advance an agenda.

Truth.

RussP
08-18-2011, 19:21
Link to the Balko hit-piece...http://www.huffingtonpost.com/2011/08/17/jose-guerena-pima-county-lawsuit_n_926454.html

MB-G26
08-18-2011, 22:32
But if their case is allowed to proceed, they will get access to records the Pima County Sheriff’s Department has yet to release.

IIRC, there were no arrests?

Hum.......... many relatives in the wild with a potential lot of exposure?

Hum........ no arrest, no prosecution, no Brady materials or other "exculpatory evidence or evidence reasonably calculated to lead to the discovery of exculpatory evidence" disclosure.

Hum........ go figure. Civil lit attnys do sometimes also work cri def cases...... and vice-versa; nothing to say that a cri def attny can't be associate counsel on civ lit case, and vice-versa; hence, info re other family members/suspects becomes readily available to 'the other side'. ?Best deeefence is a pre-prepared deeefffence? Hum.

It most factually would NOT be the 'first time'.

Oh, an, you DO destroy your "notes" (and tape recordings, etc.) upon/after making your filed report, right? :whistling:

Just think about it for a second or two.

Ajon412
08-19-2011, 03:32
Somebody on the side lines is still part of the team.

I couldn't have said it any better......