Posted on 06/04/2011 11:23:17 AM PDT by petitfour
The SWAT officers who shot and killed a man while serving a search warrant last month gave at least two commands for someone to open the door before knocking it open, according to documents released Friday.
The officers told investigators that, upon opening the door, they saw a man appear in the hallway holding a rifle before they saw what they thought were muzzle flashes from his gun.
It was later determined Jose Guerena's rifle was on safety and he didn't fire at the officers.
The Pima County Sheriff's Department released hundreds of evidence photos and transcribed interviews with the SWAT officers who fired at Guerena during the raid on his home May 5.
The photos show the interior of Guerena's home - its walls painted a dark gray - and evidence collected at his home and three others searched that day. The photos show guns, ammunition, vehicles, cash, documents, cellphones and other items found at the homes or in the vehicles.
(Excerpt) Read more at azstarnet.com ...
Wotta buncha maroons...
The muzzle flashes were his. Misremembering is part and parcel of these types of incidents. Likewise, the “splintering” in the door jamb area was likely caused by SWAT weapons missing their target by 180 degrees. When our initial shooter was falling perhaps? And the signal from Indiana recently via our Supreme Court? This is all perfectly acceptable under the law. America has lost its way.
“All one has to do is watch the video to realize there is no possible way that any person could have had time to “open up.” What good asking someone to “open up” if you’re going to smash the door in without giving him time to comply with the order? “
///
exactly!!!
...on another thread, an ex SWAT officer said the video showed 7 seconds from knock to kick.
during that time, the Marine had just woken from crashing after a 12 hour shift, and was busy getting his wife and child safely in a closet.
...she had relatives who were killed nearby in a home invasion. and in home invasions, they often yell “police” and have police windbreakers.
this was murder. especially since SWAT was out in the sunlight, and it was IMPOSSIBLE for them to see he had a rifle inside a (comparatively) dark house. total lies.
Right. They keep mentioning the amount of evidence seized out of the four houses as a whole without mentioning none was found in Guerena's house.
a- How loud did you "say" it? Conversation voice, whisper, or yell?
b- Were you at the door at the time you said it? Or, at the office water cooler?
I have come across good cops, but you will have bad cops also. Perhaps it is appropriate to say 'guns don't kill people, bad cops do'.
I will say that I agree with you with respect to any perceived malfeasance on the part of the deceased. It sounds like they got gun happy and killed the man.
I have a gun case, and I’m covered up in teenagers, and cash is always lying around my house, and I have Imprimis and other suspect documents lying out in the open, and then there’s that time in my history when I objected strongly to the ATF burning women and children to death in Texas, and I wasn’t to thrilled about the obvious attempt to frame Randy Weaver in Idaho.... Question for my brothers here: Would you rally to my cause if I was summarily executed in such a fashion as this?
Pretty much.
Speaking for myself, I probably wouldn’t hear SWAT based on the light tap and quick grunt they did in the assassination video. We desert dwellers have fans going, AC, swamp coolers... Plus, at our house, ionizers to clean the air and sometimes some other white noise to block out the street.
The point is that even good cops will go south when POLICY is misguided. This isn’t about the SWAT team, it’s about the Sheriff’s guidelines and misguided efforts.
Just be sure to register it like any other law abiding terrorist.
Sheriff Dupenik being the same clown who was blaming the tea party for the Garbielle Giffords shooting
that siren sounded more like a car alarm than a police siren.
Point taken.
did they announce their authority and purpose?
sheriff’s Office, we have a Search Warrant?
Or did they just szy open up?
In any case there was not a reasonable amount of time for a person to open the door. Supposedly they expected no one would be at home. What about the car in the driveway-should that have been a clue? Did they know what shift he was working? Why not if not? Criminal Negligence on part of the Serving team IMHO.
13-3916. Service of warrant; breaking and entering to execute
A. A search warrant may be served by any peace officer but by no other person except in aid of an officer engaging in service of the warrant.
B. An officer may break into a building, premises or vehicle or any part of a building, premises or vehicle, to execute the warrant when:
1. After notice of the officer’s authority and purpose, the officer receives no response within a reasonable time.
2. After notice of the officer’s authority and purpose, the officer is refused admittance.
3. A magistrate has authorized an unannounced entry pursuant to section 13-3915.
4. The particular circumstances and the objective articulable facts are such that a reasonable officer would believe that giving notice of the officer’s authority and purpose before entering would endanger the safety of any person or result in the destruction of evidence.
C. A peace officer executing a search warrant may seize any property discovered in the course of the execution of the warrant if the officer has reasonable cause to believe that the item is subject to seizure under section 13-3912, even if the property is not enumerated in the warrant.
D. A peace officer executing a search warrant may make or cause to be made photographs, measurements, impressions or scientific tests.
E. A peace officer executing a search warrant directing a search of any premises or a vehicle may search any person in the premises or vehicle if either of the following applies:
1. It is reasonably necessary to protect himself or others from the use of any weapon that may be concealed upon the person.
2. It reasonably appears that property or items enumerated in the search warrant may be concealed upon the person.
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/13/03916.htm&Title=13&DocType=ARS
I'm thinking that those are difficult to mistake, being real bright and noisy and all.
Pretty sinister stuff right there.
“Open Up” or “Open Fire”?
When you think about it, it turns out that cops are actually trained to lie to the general population (not always in every situation, but like any Islammist, anytime one does, it's OK).
Sounds very much like officer Iglesias panicked and started firing wildly, he stumbled backwards in his haste to reload. Sounds like at a minimum he is unfit for this line of work and at worst should be tried for murder or at the very least manslaughter as should his colleagues. Any word on when the sheriff plans to resign? Yeah, didn’t think so.
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