Marine Jose Guerena received 71 bullet shots and was hit 22 times by five members of the SWAT team, who raided his home on the suspicions that Guerena was smuggling drugs in the Tucson area. At the time of the shooting, Guerena's wife and son were home when she saw a man dressed in black from a window. She went to wake her sleeping husband, who grabbed his AR-15 assault rifle.
Although the gun's safety was on and Guerena had not shot, the SWAT team claims since a member of the team had tripped and fell, they were under the impression Guerena had shot since he was brandishing a gun.
Sheriff's Detective Alex Tisch laid out the case against Guerena's family, where he cites two traffic stops and two instances of drug seizures. In all four instances, Guerena and other men were supposedly found with some form of drug or drug packaging, although no charges were ever made against Guerena.
The Guerena family lawyer, Christopher Scilleppi, has filed a lawsuit against the sheriff's office on their behalf, seeking damages up to $20 million. The investigation is still ongoing and no arrests have been made as of yet.
Jose Guerena was only 27 and served two tours in Iraq. He had two sons, of which one saw his father killed.
Many people are outraged, saying it was unjustifiable. They argue that the police could have simply arrested him at his job, brought him in for questioning, and have gotten a warrant to search his home than raid his house.
"You point a gun at police, you're going to get shot," said Rick Kastigar, the Sheriff's Chief of Investigations.