More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
James Peron

GET UPDATES FROM James Peron
 

Drug Warriors Gun Down Young Father

Posted: 05/18/11 12:23 PM ET

The young husband and father, an Iraq veteran, was lying in his own blood, shot at 71 times by heavily armed men, who then allegedly prevented medical assistance from being given until he was dead. Minutes before, he was sound asleep in his bed after working the midnight shift at the mine.

There are lots of questions. The Pima County, Arizona, Sheriff's Department is giving few answers. Worse yet, answers given have been either evasive or in contradiction to the facts.

Just days ago, Vanessa Guerena had looked out her window in the early morning to see armed men approaching. One of them pointed a gun at her. She ran to wake her husband, Jose. All he knew was that armed men were attacking his family; Vanessa didn't know who they were. He told his wife to grab their son -- a second child was in school at the time of the attack -- and seek refuge in a closet. He took a rifle to see what was happening.

The official story was that deputies identified themselves. They claimed Jose started firing at them. They said he was "heavily armed." And the media reported what they were told. The Arizona Daily Star wrote: "Deputies served a search warrant on Tucson's southwest side shot and killed a 26-year-old man after he fired a rifle at them..."

It later emerged that Guerena had never fired his rifle; the weapon's safety was still on when he was gunned down. After admitting he had not fired, police claimed Guerena threatened the officers, snarling that he "had something" for them. Apparently, we are to believe that Guerena uses dialogue from some cheap cop film.

KOLD news reported that a spokesman for the Sheriff said: "He fired a shot at the SWAT team which struck a protective shield that was being held by the very first individual in the home. ...SWAT officers from both our agency and other agencies returned fire." The station reported, "The suspect was dead at the scene."

But Jose was not killed instantly. He lay bleeding while his wife was on the phone with 911 trying to get help -- an odd move for people assumed to be criminals. She told 911 that men had shot her husband. An ambulance arrived minutes later but police held the medical team at bay for over an hour, until Guerena was dead, even as Vanessa begged for help.

The Sheriff's department will only say they were serving warrants at various homes that day. But they will not say what the warrant said for the Guerena home.

The Arizona Star reports: "few details about the investigation ... are known. Details of the search warrant have not been made public and deputies would not comment on what was seized from the home."

Emergency 911 operators seemed confused as to whether or not the home was one of several targeted with search warrants that morning. The Star reports: "Dispatchers said there were several addresses where the SWAT team was going that morning and they were not sure if this house was one of them..." If dispatchers knew raids were being conducted, but were confused as to why Guerena's home was involved, it could indicate deputies raided the wrong home.

A spokesman for the Sheriff's Department, Michael O'Connor, was evasive when questioned about the raid. He claimed the raid on four homes involved "a narcotics conspiracy case" and said: "We did find things that we were asking for in that. It may have been drug ledgers, narcotics paraphernalia, any other material between the residences. Those things were found, in addition to a large sum of money."

That sounded bad until a reporter asked whether any of this was found in the Guerena residence. "No, it was one of the four, but it was not that residence." Asked if they found actual evidence in Guerena's home, the answer was vague: "We found information that was pertinent to the drug conspiracy case, yes. I'm not going into details of what those things were." Wise, considering that previous details issued by the department were later retracted as inaccurate.

Police said their SWAT vehicles were outside and were visible. But Guerena had been asleep in his bed. He never went outside, he was killed in his hallway. He could not know the assault was being conducted by law enforcement. O'Connor said: "We go to the door, we pound on the door. We wait approximately 15 seconds. If no one answers the door, we breach the door with a heavy tool and open the door." That's police lingo for smashing down the door.

If you were sound asleep, and awakened by your spouse screaming that the house was being attacked, precisely how long would it take before you were fully aware of what was going on? You better hope it is less than 15 seconds, or you too could be dead.

Even the current official story is self-contradictory. Deputies opened fire on the man because one of their own had been shot. They thought he had been shot because a bullet hit a doorframe and some of the wood came loose and hit the man's shield. But they fired that bullet, not Guerena. The bullet hitting the frame cannot be the cause of them opening fire, since it was the result.

Until the Tucson Sheriff's Department releases the warrant and alleged evidence that justified it, we cannot know precisely what happened. Whether they have something to hide remains to be seen, but so far they are neither forthcoming nor candid.

Whatever one may think of the hazards of using recreational drugs, the sad reality is that drug warriors are more deadly. Drugs may negatively impact the lives of people who choose to use them. But drug warriors attack the wrong homes with surprising frequency. Drugs tend not to kill, but when they do, it is those who choose to use them. Drug warriors are not so specific.

The real harm of recreational drugs is nothing compared to the dangers of the war on drugs, especially now that the police have been turned into paramilitary outfits.

 
 
 
The young husband and father, an Iraq veteran, was lying in his own blood, shot at 71 times by heavily armed men, who then allegedly prevented medical assistance from being given until he was dead. Mi...
The young husband and father, an Iraq veteran, was lying in his own blood, shot at 71 times by heavily armed men, who then allegedly prevented medical assistance from being given until he was dead. Mi...
 
 
  • Comments
  • 86
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
Page: 1 2 3  Next ›  Last »  (3 total)
12:23 AM on 05/31/2011
Please share at least Facebook, Twitter and Youtube. This and other articles relating to this
murder of this young Marine must not go unanswered. The police, as expected in this context
lied right out of the chute. All of them should face immediate arrest and trials. Who is, and
where is the Attorney General of Arizona?
This user has chosen to opt out of the Badges program
photo
Kreskytim
I was born by the river in a little tent...
10:31 AM on 05/28/2011
This story needs to be on the front page. Not forgotten.
03:17 PM on 05/27/2011
here in eureka ca.,the new chief of police disbanded the swat team. They had been involved in a public execution of a mentally disabled lady , and several other deadly encounters. He called it a waste of time and money. I called them a bunch of out of control cowboys with itchy trigger fingers. A patrolman hardly ever pulls his wepon, swat runs around with them pointed at peoples heads. And that seems to be why alot of the appeal of the swat team...
12:24 AM on 05/31/2011
God bless him, finally one with some commonsense. Al from Redding, CA.
11:01 AM on 05/27/2011
It is sad that we live in a country where law enforcement can murder a man and its just business as usual. I have gone through that breaking down the door experience and I was wide awake, never heard no pounding on my door, never heard my door bell being rung, never heard no one ever say who it was, as all I heard was someone breaking in through my front door! So, from experience, I know the cops murdered Jose Guerena, a fellow Marine. And the cops had a warrant with my address, but not my name which then lead to the fact they were at the wrong house/address and the actual person they were looking for got away (his address was 40 miles away with the same house number, street name with a different spelling, but a different city and zip code) and still to this very day they have not found him... please understand that even cops are human and they do and will make mistakes, however it so very sad and wrong that they do and can murder and virtually get away with it! Some may state you can get compensated for your loss, ok, how they gonna bring a person back to life?
HUFFPOST SUPER USER
gurukalehuru
cwtc7
06:48 PM on 05/26/2011
Legalize marijuana, and this kind of thing won't happen. More at www.gurukalehuru.com
11:03 AM on 05/27/2011
You got that right!
04:08 PM on 05/26/2011
I bet you his fist and last name, combined with the mexican drug war had EVERYTHING to do with this craziness!! My heart goes out to his wife and son. Poor little guy..he's going to grow up hating the people that were spposed to protect and serve him.
11:04 AM on 05/27/2011
That's truly sad and definitely wrong!
12:51 PM on 05/26/2011
COPS LET HIM BLEED TO DEATH for an hour before letting the paramedics in?? Was this to give them time to plant some drugs? The wrong address is irrelevant here. An American can have and carry guns in his own house. Wouldn't you try to defend your family against unknown thugs? Americans are PRESUMED INNOCENT until PROVEN GUILTY. Therefore, these cops are murderers. What was he going to do to them as he lay bleeding to death with 70 bullets in him, that they couldn't let the medics in? Oh, I know: TESTIFY. These cops should be arrested and charged with murder. Instantly.
12:55 PM on 05/27/2011
The ironic part about your comment is that you declare the cops guilty while at the same time reminding everyone that Americans are presumed innocent until proven guilty. Funny, I don't ever remember agreeing to give up that right when I took my oath. Can I have it back please?
12:27 AM on 05/31/2011
Are you saying you don't think they should be arrested. manslaughter at least?
photo
HUFFPOST SUPER USER
hagagaga
My comments are funnier than yours.
09:07 PM on 05/24/2011
The War on Drugs and the War on Guns are the two most egregious infringements on our Constitutional rights today.
photo
Iconcoclast
complicated laws are opportunities for scoundrels
08:54 PM on 05/24/2011
"The real harm of recreational drugs is nothing compared to the dangers of the war on drugs, especially now that the police have been turned into paramilitary outfits. "

So true. One could fill several columns with the abuses by police in this so-called war on drugs. Really it is a war on citizens conducted by the government and encouraged by people who think they have a right to control what people put in their mouths.

Have a look at the Kathryn Johnson shooting. Or at the LA cops who used false no-knock raids to rob people for some more examples of the abuses of the no-knock tactics.
11:48 PM on 05/22/2011
no drugs or evidence of drugs has been shown and the wife claims that they announced that they were law enforcement only AFTER the murder.
10:36 AM on 05/22/2011
It's insulting our intelligence that law enforcement wants us to believe they needed a full hour to discover whether there were other "shooters" in the tiny house. I would think you could sweep through that house in about 30 seconds. The police are lying, covering their tracks after executing a man in his own home.
03:22 PM on 05/26/2011
"I would think you could sweep though that house in about 30 seconds"

Is this based on your vast experience clearing structures, or your vast experience watching action movies and playing Call of Duty? I'm not defending what the Pima deputies did as I wasn't there and WE don't have all of the FACTS yet. My heart is saddened by the loss of a fellow Marine, father and husband.

And yes it can take a full hour to clear a "tiny" house. It all depends on what tactics you use.
12:24 PM on 05/27/2011
Give me a break. That house has about four tiny rooms. The police wanted to make sure the victim was dead so that he couldn't rebut their story.
09:39 AM on 05/21/2011
It's all part of the Federalization of Local Law Enforcement.....

The federal government rents or leases the services of local law enforcement agencies to go out seize property (through forfeiture) that the Department of Justice eventually winds up receiving a percentage of...and in return, local law enforcement agencies receive surplus military equipment and federal grant money (how can you dispense grant money when you're $14 Trillion in debt?):

"The DOJ equitable sharing program is designed to enhance cooperation among federal, state, and local law enforcement agencies through the sharing of proceeds resulting from federal forfeitures. State and local law enforcement agencies generally receive equitable sharing revenues by participating directly with DOJ agencies in joint investigations leading to the seizure or forfeiture of property. 2 The amount shared with state and local law enforcement agencies is based on the degree of the agencies' direct participation in the case."
http://www.justice.gov/oig/reports/DEA/a0018/index.htm

Now of course, local law enforcement agencies have all the incentive in the world to go out and seize property (through laws created during the 1990's that made exceptions to the Constitution that allow them to take your property without ever charging you with a crime) and split the proceeds with the federal government.

30 years ago this would have been labeled Soviet-style communism (which it really is), but we just never hear about it because you never see this mentioned on CNN, MSNBC, FOX, etc.
04:07 PM on 05/23/2011
Meanwhile the state government screams the federal government does nothing and local law enforcemnet is empowered by ridiculousness like SB1070 to justify any means necessary to get the job done. Throwing a bit of cold water on your government conspiracy diatribe... btw cooperation as noted on your post is different from contracting with local law enforcement...
HUFFPOST SUPER USER
Concerned Vet 5
10:41 AM on 05/26/2011
The privatization is an amping up of the profits ultimately made from the drug war. These profits have been funding deep undeground bases and our secret activities in space (way more is going on than shuttle missions to a space station). Eventually the inter-connected truth will come out, with the Skinny Bob clip on YouTube and all... Time to wake and grow up kiddies.
11:17 AM on 05/27/2011
Yes, there is a lot more going on than they will ever allow to see the light of public scrutiny!
08:49 AM on 05/21/2011
The fact that they withheld medical treatment for over an hour indicates they wanted Guerena dead. Had a cop been shot in that raid, they would have had him in an ambulance in minutes. Regardless of what Guerena was or wasn't guilty of, this is clearly execution by law enforcement without trial.
This user has chosen to opt out of the Badges program
judderwocky
my micro bio has a micro ego
09:01 PM on 05/19/2011
This needs a petition.
01:12 PM on 05/19/2011
dont hide the fact he is a liberal democrat. People here need to have a voice.
02:48 PM on 05/19/2011
What the hell are you talking about?
05:33 PM on 05/19/2011
my other comments didnt post im talking about sherrif dupnik down in pima county.