The family of Jose Guereña, who was shot and killed by five SWAT officers during a raid May 5, disputed a country report which clears the agents of any wrongdoing. The attorney for Guereña's family said last week that the investigation should have been done by an outside agency.
"This was a biased investigation; in fact it's hardly an investigation," said Christopher Scileppi. "The Pima County Attorney's Office works hand-in-hand with the Sheriff's Department and is not in a position to pass unbiased judgment."
Chief Criminal Deputy David Berkman determined there is no basis on which to prosecute officers from the Pima County Regional SWAT team because they were justified in using deadly force.
The officers shot at Guereña 71 times while serving a search warrant related to a drug-trafficking investigation, documents show, striking him 22 times.
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Guereña was at his home in the 7100 block of South Redwater Drive with his wife and their 4-year-old son at about 9:30 a.m. when the SWAT team arrived.
Guereña was holding an AR-15 rifle when he was killed, which had the safety on and a round in the chamber, and did not shoot, sheriff's officials said.
"The officers were mistaken in believing that Mr. Guereña fired at them," Berkman wrote.
Scileppi said that as more information surfaced more questions have been raised in the killing of Guereña with "inconstancy and falsehoods."
Scileppi represents Vanessa, Guereña's wife, and plans to file a wrongful-death lawsuit against the Sheriff's Department.
Contact reporter Fernanda Echavarri at fechavarri@azstarnet.com or 573-4224.