Stating Speculation As Fact

| June 6, 2011

I’ve been negligent on following the Cpl. Guerena story the last couple of weeks due to some crises that have popped up in my life.  Jonn, as he always does, has been picking up the slack. There are however a couple of things I would like to discuss now that I have some time.

First of all, I saw this article today on the KGUN website that makes this statement:

Pima County Sheriff Clarence Dupnik revealed to 9 On Your Side on Thursday that Jose Guerena was part of a violent drug ring.

Notice there is no “possibly” or any other qualifier. They take Sheriff Dupnik’s word as fact, despite his office’s record of distorting the truth in this case. I guess whatever crackerjack journalism school that the reporter who wrote this article attended taught their students to write speculation as fact. The real facts are of course that there is no solid evidence definitively proving that Guerena was part of a violent drug ring. At the worst, it seems Cpl. Guerena was related to some shitty people who were possibly themselves involved in a violent drug ring, but even then those people haven’t been tried or convicted.  The rest of the article discusses how the Pima County GOP Chairman (Brian Miller, who is a Paultard I might add) is calling for SWAT to change its tactics and I am glad to see the Arizona Republican Party is starting to go after Dupnik in regards to this story.

Secondly, I want to discuss the arrest of Cpl. Guerena in 2009. Sheriff Dupnik and his minions are using this arrest as definitive proof of Cpl. Guerena’s involvement with a drug ring. This is complete nonsense for obvious reasons and I suspect most TAH readers expect nothing less than grade-A bullshit from Dupnik’s office by this point. It is important to note he was ARRESTED but not CHARGED with any crime. He didn’t receive probation, he didn’t receive a reduced sentence, and he wasn’t sent to a diversion class because HE WAS NEVER CHARGED. I am sure we have readers who have been arrested or simply detained by cops. In 2008, I was detained, handcuffed, and searched by Scottsdale PD after I got out of my car to meet some friends at a bar. They held me for about fifteen minutes and then released. I found out later that they were searching for somebody who was suspected of selling drugs at a nearby nightclub (which I would never be caught dead at) and I matched the description of that individual (even though I wasn’t dressed like a douchebag who would go to said nightclub). Does that mean without a reasonable doubt that I am involved with some sort of criminal conspiracy because I was detained by police officer in 2008? In the eyes of some, I guess the answer is yes.

Additionally, this arrest occurred in Pinal County, not Sheriff Dupnik’s Pima County. In 2008, Pinal County elected Paul Babeu as Sheriff and James Walsh as County Attorney. Both men ran on platforms of fighting human and drug smuggling, due to the fact that in recent years that Pinal County has become a major corridor for smugglers heading to Phoenix. Many of you have probably seen Sheriff Babeu on FOX News discussing his efforts to fight smuggling and he is constantly in the Arizona media discussing the problem. With these facts in mind, it is pretty reasonable to assume that if there was strong evidence that Guerena was involved with drug smuggling or the sale of illegal drugs that the Pima County attorney would vigorously prosecute him and Sheriff Babeu would have used the case as an example of the smuggling problem in Pinal County. However, the evidence was weak (a roll of plastic wrap, a gun, and some cash as Jonn pointed out) and he was released without even a trial.

Finally, I want to address the large amounts of cash that were found on Guerena in 2009 and at some of the homes searched by Pima County SWAT. It is pretty common for immigrants (both legal and illegal) from Mexico, Latin, and South America, to keep large amounts of cash in their homes. This is due to their mistrust of banks which have a history of being corrupt or prone to failures in the aforementioned regions of the world.

As I have continually said throughout my posts on this sad story is that even if Guerena was Tucson’s version of Scarface, there still needs to be an investigation into how the SWAT team performed the raid and their tactics and training need to be changed. Unfortunately, with Dupnik’s new effort to smear the victim I am pretty confident that neither will happen and the SWAT team will continue to bumble along, endangering themselves and others.

Category: The Guerena Killing

10 Comments
Inline Feedbacks
View all comments
OldCavLt

Here’s what I know.

He’s a Marine. That means he gets the benefit of the doubt.

There’s so many holes in Dupnik’s story that it would sink on a flat lake.

What he’s doing is backfill to avoid the massive, multi-million dollar judgment that he’s going to be responsible for… and maybe it’s time to indict HIS dumb ass.

Old Trooper

“the SWAT team will continue to bumble along, endangering themselves and others.”

That’s the money shot (no pun intended) right there. I’m waiting for one of these John Waynes to have an AD and drill one of their own in the back of the melon as they prepare to shoot into an open doorway, again, and then try to blame it on the next poor bastard that gets gunned down be these yahoos.

Kevin

Autopsy report released. 22 entry wounds, 74 exit wounds. In yet another demonstration of the firearms expertise of Dupnik’s clowns; and another demonstration of his “strenuous selection process” and “high standards” he expects from from his most highly trained officers; virtually all were peripheral hits.

http://www.kgun9.com/story/14847835/fatal-swat-raid-just-released-autopsy-details-guerenas-wounds

“– one wound to the head, which the report describes as a graze;
— one wound to the right upper chest;
— one to the right lower chest;
— one to the left upper abdomen;
— three to the right upper arm;
— one to the right elbow;
— one to the right hand;
— one to the left upper arm;
— one to the left elbow;
— one to the left forearm;
— one to the left hand;
— two to the right thigh;
— one to the right calf,
— one to the right foot;
— four to the left thigh;
— and one to the left foot.

“According to the report, neither bullet to the chest penetrated the heart; nor does it note an impact on major blood vessels. But the wound to the abdomen traveled through the spleen and left lung, where it caused hemorrhaging.”

So yeah, it looks survivable. Except that Dupnik’s clowns ensured he bled to death.

No PDF found yet.

Doc Bailey

I was wondering about that. If a guy is shot 74 times they do not usually last more than a few seconds, unless it were mostly extremity wounds. Waiting an hour because of “other shooters” in ONE house, sounds like these jack tards have no idea how to secure a parimiter.

And I have to repeat again that they should NEVER have paused at the door. You ALWAYS push on the objective. That’s BD6 101 stuff right there. If this had been my platoon in 2007, he’d probably have had a few extra holes, but he would have lived.

UpNorth

The whole idea of avoiding the “fatal funnel” is to get the hell out of said funnel ASAP. That these guys chose to stand there speaks volumes about their professionalism and situational awareness. As has been pointed out on other threads, where was the flash bang, which should have been deployed as soon as the door was opened?
Kevin, or anyone else, if you see the actual search warrants, and the returns of service of those warrants, please put up the link. I’m intensely curious to see what they actually sought and found at the Corporal’s house and vehicle, if they even finished the warrant service.

B Woodman

I hope that Ms Guerena’s lawyer sues the whole lot of them:
=Sheriff Dipshit, the SWAT and the Pima County SD
=the newspaper & the “journalist” who wrote the story (slander, libel & defamation)
=whoever authorized this clusterf**k without good intel.
=whoever put together the “intel”.

That should about cover it all.

ThisGuy

I’m really not looking forward to hearing about someone in Pima County getting fed-up enough to start hunting deputies…

*note: I have no personal knowledge of any such thing, but I’m angry, armed, and (relatively) level-headed in TX…So I figure there’s somebody with a shorter fuse than I have, in AZ, ready to fight.

…and all the ensuing blood will be on Dupnik’s hands. If he had any shame, humility, honor, integrity or respect for his fellow man (you know…the people he’s supposed to be serving and protecting), he’d have stepped long ago.

Doc Bailey

TG please don’t say shit like that. You know the Uber Progressives will lift that and throw it around as “Proof” that Vets are all effing nuts and OUGHT to be watched by DHS like Napalitano has already said.

streetsweeper

ThisGuy, bro! Check your keyboard and weapon’s at the door.

Kevin

http://www.kvoa.com/files/Scanned%20Document0582_000.pdf

I’d say there was probable cause, but I don’t even play a lawyer on TV.

From other documents, which I can’t find right now, it says that the killer clowns had no idea that the Guerena’s had a 4 year old child. That appears typical of their expertise. From what I understand, Pima county also didn’t bother to get a floorplan for the house.

Statements of the chief of Dupnik’s killer clowns to the homicide detective.
http://bloximages.chicago2.vip.townnews.com/azstarnet.com/content/tncms/assets/editorial/1/dc/b28/1dcb28b4-8825-11e0-b417-001cc4c002e0-revisions/4ddf3bbdc793c.pdf.pdf

Inventory of evidence that was obtained from the house. Long list, mostly due to all bullets and empty shell casings. …
http://ftpcontent.worldnow.com/kgun/2011KGUN/GuerenaSWATReport1.pdf

I know that there is a long record of his wife’s interrogation, but I have not yet found it. Summaries with commentary here: http://beatandrelease.blogspot.com/search/label/Guerena

There is this series of docs on kgun9.coms site, but I have no idea where the index to it is.
http://www.kgun9.com/link/491030/pima-sheriffs-department-guerena-swat-report-part-1