U.S. Marine Jose Guerena never fired on the SWAT team that killed him in a botched drug raid. Guerena was killed on May 5 when the SWAT team stormed his house near Tucson, Arizona, believing it was a center for drug smuggling. The team shot at him 70 times. A total of 22 of the bullets hit him.
Video footage of the SWAT raid shows the team sounding their police sirens as their cars pull up outside his house. Then they break down his front door and open fire on him.
The team said they fired on Guerena, who'd done two tours of duty in Iraq, after they saw he was holding an AR-15 assault rifle. They believed he had fired on them, but an investigation showed the gun still had its safety on, and had never been fired.
According to a story in the Daily Mail, Police say that they broke into Guerena's house because he was believed to be involved in drug smuggling, robbery and human smuggling. The break-in was part of a multi-house drug sting. When they searched his house, however, all they found was a gun and some body armor. SWAT team lawyer Mike Storie said the team also found a photograph of a man named Jesus Malverde, who Storie referred to as a "patron saint drug runner."
Guerena's wife Vanessa insists he is innocent, and is embarking on a mission to clear his name. She was at home with the couple's sons during the SWAT raid, and hid in a closet with them while she heard her husband being gunned down. Her youngest son Joel now asks of his dead father, "Is he a bad guy?"
When an ambulance arrived, said family attorney Chris Scileppi, the SWAT team wouldn't allow paramedics inside for an hour and a quarter to attend to Guerena.
Officials say the delay was due to the SWAT team not knowing if it was safe to enter the house. "They still don't know how many shooters are inside, how many guns are inside and they still have to assume that they will be ambushed if they walk in this house," said a spokesman.
Guerena's oldest son Jose was at school during the raid, and came back home to discover his father was dead. He asks his mother, "Why did the police kill my daddy?"
See video of the SWAT attack below.