Jose Guerena’s wife, Vanessa, will receive the $3.4 million
agreed to last week after a two-year legal battle between the
Marine veteran’s estate and Pima County, Arizona.
Guerena died two
years ago when a SWAT team entered his house in the early
morning hours of May 5, 2011 and fired dozens of rounds of
ammunition from semi-automatic weapons. Guerena’s wife reportedly
woke him up abruptly that morning after being concerned with
noises coming from outside of the house. An investigation
revealed that Guerena was holding a legally owned AR-15 for
protection when the officers entered his home, though he never
once pulled the trigger on his own weapon.
Guerena, 26, was fatally wounded in the one-sided shootout after
being struck with 22 of the 71 shots fired by the SWAT team.
Officers had been dispatched to the Guerena residence as part of
a drug trafficking investigation. A Grand Jury investigation
released after his death suggested that Guerena and some members
of his family were involved in a narcotics ring, and the county
attorney’s office ultimately cleared the SWAT officers of any
wrongdoing, KVOA News reported.
According to the Arizona Daily Star, the Pima County Sheriff’s
Department did not want to reach a settlement but suggested that
taxpayers would have to front an even larger cost if Guerena’s
family brought the issue to court.
“The Pima County Sheriff’s Department strongly believes the
events of May 5, 2011, were unfortunate and tragic, but the
officers performed that day in accordance with their training and
nationally recognized standards,” Deputy Tracy Suitt wrote.
“However, legal advisers and insurers recognize the
unpredictable resolution of disputes at trial regarding police
conduct and even well-accepted police tactics. As a result,
well-established business and insurance principles call for
compromise and the resolution of disputed cases to mitigate risk
and avoid the expense of a trial.”
Pima County Administrator Chuck Huckleberry called the agreement
a “calculated risk-management settlement,” the Daily Star
reported.
According to the paper, Pima and its insurance company will pay
$2.35 million towards the settlement. The towns of Marana, Oro
Valley and Sahuarita, Arizona will all chip in towards the
$3.4 million sum as well. Law enforcement agencies from all towns
were being sued by the Guerena estate for allegedly acting
negligently throughout the ordeal. According to the suit,
emergency responders denied providing any medical assistance to
Guerena until more than an hour after he was shot.
Copyright: RT