Posted: Aug 12, 2011 10:38 PM
Updated: Aug 13, 2011 11:57 AM
TUCSON - The family of a former marine killed in a SWAT situation is suing for damages.
On May 5th Pima County Sheriff's Deputies served a search warrant at Jose Guerena's home. When they entered, deputies said Guerena aimed an assault rifle at them and said, "I've got something for ya."
SWAT officers fired 71-shots, killing the 26-year-old.
A few weeks later court documents tied Guerena to a drug trafficking organization.
The family's attorney said Guerena had no criminal history, there was no incriminating evidence ever found, and that the SWAT team's tactics were excessive.
So now the family is officially suing everyone involved in the shooting for$20 million.
The family's attorney Chris Scileppi said the lawsuit is based on the same argument made from the beginning but now they've got some new pictures and video to add to it, images that include Guerena's wife and son.
Scileppi said, "What those pictures do is give a snap shot of the horror the wife and small child experienced as they crawled past a dying husband and dying father."
And what he calls a horror is a big reason he's asking for such a large amount of money. Scileppi said, "Mr Guerena made a certain amount of money working at the mines plus benefits. We have to assume that goes until he's 65 years old plus his losses that cannot be compensated for with money."
The SWAT team's attorney Mike Storie said he's not surprised by this lawsuit one bit. He said they're just trying to drum up hysteria again. Either way he's not changing his stance. He said the officers didn't do anything wrong.
Because of that he said the $20 million is not only excessive, but obscene.
Storie said, "I think a dollar is excessive. Any type of settlement for any type of award would be unwarranted in this case. "
The two sides now have 58 days to work out a deal or it will go to trial; something both sides said they're ready for and plan to win.
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