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Dramatic footage shows moment Iraq war vet was shot 70 times in home
UK Daily Mail ^ | 5/27/11 | Daily Mail Reporter

Posted on 05/27/2011 11:44:07 AM PDT by Do Not Make Fun Of His Ears

VIDEO AT LINK

A U.S. Marine who was killed when he was gunned down in his home near Tucson, Arizona, never fired on the SWAT team that stormed his house firing 70 times in a hail of bullets, a report has revealed.

The revelation came as dramatic footage of the shooting was released, showing the armed team pounding down the door of Jose Guerena's home and opening fire.

The father-of-two, who had served twice in Iraq, died on May 5 after the SWAT team descended on his home believing it was one of four houses associated with a drug smuggling operation.

(Excerpt) Read more at dailymail.co.uk ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Arizona
KEYWORDS: arizona; fourthamendment; invasion; swat
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To: Moonman62
Supposedly, the weapon was hit by bullets from the officers.

You'd expect that it would be, but where did you hear that?

101 posted on 05/27/2011 1:19:05 PM PDT by Fido969
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To: ScreamingFist

>> How do you know his weapon wasn’t pointed down....dufus. It was still safe after they pumped him, and the neighborhood full of lead. <<

When you’re a marine, and you’re pointing your weapon down so as to indicate you do not intend to use it, you’re not going to fall the same way as if you were pointing it. Could they have moved it? Absolutely. Kind of a dangerous thing to do, though, because if wife sees you, makes that assertion, now you have to get the forensics team... and every member of your own team... to back that up.

Is the wife lying? Well, her story about no siren is false, but trauma tends to rattle up someone’s memory, so no, probably not. But she contradicted the police version of events, and did not claim they doctored the crime scene.

What’s especially ironic is you seem ready to convict the SWAT team.

And for the record: I’m very concerned that something happened here that should not have happened. I don’t see why the rescue team was held off so long, and I’d love to see it come out why the warrant for the SWAT team was issued in the first place. But screaming “murder” at the SWAT team just doesn’t make any sense.


102 posted on 05/27/2011 1:19:23 PM PDT by dangus
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To: dangus
Not every tragedy is a murder.Is this murder? Maybe not. Negligent hommicide, most likely. Consiracy after the fact? You betcha.
103 posted on 05/27/2011 1:19:52 PM PDT by Drill Thrawl (How much longer can the charade last?)
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To: muawiyah
In the Indiana case the cops were on the premises at the request of the wife. She'd call 911 earlier and they arrived. You don't need a warrant to answer a citizen's request for help. Now, don't you feel ashamed, *****************************

Why the Indiana case was heard is irrelevant. I'm not ashamed and your pathetic insult attempt was weak.

What IS relevant is the ruling that crapped on the 4th Amendment:
"In a 3-2 decision, Justice Steven David writing for the court said if a police officer wants to enter a home for any reason or no reason at all, a homeowner cannot do anything to block the officer's entry."


(ACTIVIST JUDGE ALERT!!!!)

David continues:

"We believe … a right to resist an unlawful police entry into a home is against public policy and is incompatible with modern Fourth Amendment jurisprudence,"

"Incompatible with modern 4th Amendment jp"?? Rewriting the constitution to support the Police State is Incompatible with the Constitution itself. http://www.nwitimes.com/news/local/govt-and-politics/article_ec169697-a19e-525f-a532-81b3df229697.html

I'm sure you're NOT ashamed, ya jack-booted-thug-lover!!
104 posted on 05/27/2011 1:20:05 PM PDT by Longdriver
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To: Do Not Make Fun Of His Ears

Take note of the faces you can see, people. These thugs shop, go to the movies, pick up their dry cleaning, and walk their dogs just like everybody else.

The public response to this needs to start at a minimum with a good old fashioned public shunning. If one of these thugs walks into your place of business ask them politely to leave. Tell them they’re not welcome there anymore.

Refuse to serve them. Refuse to serve their families. Make them social pariahs and outcasts.

That’s at a minimum. Other folks may want to think of more creative responses.


105 posted on 05/27/2011 1:21:22 PM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: dangus
Well, her story about no siren is false,

Based on the video, I can't conclude she was lying about that. It didn't sound like a police siren.

I think that if anything it shows that the police were lying about coming in clearly with sirens, it just sounds like a little car alarm blat.

I think the video shows her story to be more credible than the police.

106 posted on 05/27/2011 1:22:08 PM PDT by Fido969
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To: ScreamingFist
Sorry, he was correct to not fire ~ he was overwhelmed from the very beginning ~ he'd needed a bangalore torpedo or an area weapon like a Claymore already set in place.

There were just too many heavily armed guys all in body armor and helmets.

There were also cops in reserve away from the house, and he'd needed to get them as well, and that'd take more mines.

I'm not sure you can handle 20 cops and their vehicles with an M60 machinegun ~ again, area weapons would be needed to pull off an effective defense without getting hurt yourself.

Remember, he did not fire. Some cop fired first, and second, and third, and......

107 posted on 05/27/2011 1:22:43 PM PDT by muawiyah
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To: Moonman62

If the weapon was hit by the SWAT team’s bullets, it should be VERY easy to tell what position it was in when they hit it. If the bullets all struck the top, at sharp angles, it was pointing down, and there’s some real evidence of mischief. If they’re glancing off the barrel, and hitting the handle, it was pointed at them.


108 posted on 05/27/2011 1:24:19 PM PDT by dangus
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To: Fido969

Yeah, but she didn’t say, “I thought the siren was a car alarm.” She said, “there was no siren.” She also made up some weird nonsense about seeing people in her bushes. She’s not a credible witness. But even so, she’s not claiming they moved the body.


109 posted on 05/27/2011 1:27:13 PM PDT by dangus
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To: Moonman62
a no knock warrant issued by a judge it was legal.

And we'll never know about that, because the warrant has been sealed.

110 posted on 05/27/2011 1:28:37 PM PDT by HiJinx (Old Cold Warrior)
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To: Moonman62
The Chief Justice of the United States, Warren E. Burger, ALWAYS answered his door with a pistol in his hands.

One night some DC cops/Capitol Police/etc. stopped by his house regarding some disturbance in his neighborhood.

They knocked. He answered the door with the safety chain up. They didn't shoot. He didn't shoot.

With or without a warrant the cops are not entitled to just shoot somebody holding a firearm. A homeowner is not supposed to just shoot a cop knowing that he's a cop.

Now, somebody want to tell me Justice Burger was WRONG to have failed to shoot the warrantless cops at his front door? Were they wrong to have failed to shoot him seeing that he was holding a gun?

111 posted on 05/27/2011 1:28:52 PM PDT by muawiyah
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To: dangus
The greatest problem I have is that after a mortal injury, rescue workers were not permitted on the scene.

And why do think that was? It's hard to dispute the "offical" version of events when you're room temperature.
112 posted on 05/27/2011 1:29:31 PM PDT by mrmeyer ("When brute force is on the march, compromise is the red carpet." Ayn Rand)
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To: Moonman62

You haven’t paid attention to my tagline.


113 posted on 05/27/2011 1:30:49 PM PDT by mo ("If you understand, no explanation is needed; if you do not, no explanation is possible")
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To: dangus
Not sure that counts in this case. He didn't shoot. They shot him. And they shot him. And they shot him. And.......

That undoubtedly adjusted his position as well as the location of the rifle.

The problem here is that the evidence is of a purposeful intended massacre of a guy in a house. The police fired so many rounds they destroyed their own possibly exculpatory evidence (if you need such when you shoot a guy who never fired a shot).

114 posted on 05/27/2011 1:32:07 PM PDT by muawiyah
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To: Longdriver

I think Moonman is a liar.


115 posted on 05/27/2011 1:35:04 PM PDT by Blood of Tyrants (Islam is the religion of Satan and Mohammed was his minion.)
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To: muawiyah

Sure it matters. There’s no rule that the police have to let the homeowner take the first shot. Again, THEY DON’T KNOW whether he is innocent or not. They’re just executing a warrant. All they know is that they were greeted with a gun pointing at them. By the way, there WAS about 8-10 seconds between the door crashing down and the gunfire starting. Plenty of time for someone to yell, “Don’t shoot; I’m putting down my gun”


116 posted on 05/27/2011 1:36:36 PM PDT by dangus
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To: Moonman62

Not at the expense of a peaceful citizen in his own home they don’t. If they “want to go home safe at the end of the watch” let ‘em not bash in doors. Serving a warrent on the end of a bayonet is the behavior of the Stasi.

These guys are badge heavy cowards, wearing the white feather symbol of better men then they are, playing mall ninja with their license to home invade, shoot all the dogs and kill anyone who has the temerity to resist. They are one and all cowardly piss ants who belong in prison for their crimes.

This stuff will stop when a few citizens, warned by their dogs, pick up their FN/FALs or M-1As and cut the first through the door to bits with .30 Cal FMJ. Those heroes probably will not survive, but some folks are just insufficiently servile.


117 posted on 05/27/2011 1:38:51 PM PDT by Rifleman
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To: dangus

The blaring siren man, they wouldn’t have heard would they.


118 posted on 05/27/2011 1:42:06 PM PDT by muawiyah
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To: dangus
She’s not a credible witness.

Nonsense, you're attacking the messenger. She's a more credible witness than the police who said they were fired upon and their shields were riddled with bullet from the victim.

119 posted on 05/27/2011 1:43:15 PM PDT by Fido969
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To: dangus
You keep defending this based on the warrant. I have heard several versions as to why the warrant has not been released; one version is that it was a “blanket” warrant that covered several locations and was based on really old intel and unreliable CI’s (the Marine just moved into this home a few months ago). It may even turn out to have been an illegal warrant. Time will tell.

My observations from the video leads me to believe this is a really undisciplined crew. A couple of these clowns were really casual until the shooting started, and it didn't really get any better after that. Maybe its because they are typically roughing up women and children, shooting dogs, terrorizing non-violent pot smokers, etc. (or fantasizing about being commandos on the Afghan frontier).

Their actions on the objective may also tell you that they bring that same work ethic to developing intel and making decisions on how to approach problems PRIOR to getting out of the truck. At a minimum this was negligent homicide and I hope the county goes bankrupt over this. Maybe the citizens of that dump will then make some leadership changes.

If this SWAT team, or others like it, ever encounter determined resistance, it will turn out very differently. Very sad.

120 posted on 05/27/2011 1:43:41 PM PDT by labusiness
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