26 year old Iraq Veteran Gunned Down At Home - Page 2

No, Chaz it means nothing.  What a bunch of bullshit.....Tell me the SWAT team was at the wrong house that would make a difference.  Otherwise, this is more PDB OT BS.....
Nevermind is right, I'm finished.


Yes, the scenario... A SWAT team shows up to serve a high risk narcotics warrant and is confronted by the target of the warrant armed with an assault rifle crouched in a position of ambush. 

The tragedy here is that the suspect made bad choices, chose to be a criminal and almost got his wife and child killed.  This guy is a disgrace to every Marine that ever served our country. 

 

A bunch of BS ?  Unbelievable.

Yup, and the guy is a disgrace to all the Marines who served our country valiantly.

Well I suppose there's the answer of why they took this decorated Marines military medals, gold, silver and wifes jewelry. And it wasn't a narcotics warrant, it was a "conspiracy warrant".

Conspiracy means distribution with other individuals.  He was involved in narcotics distribution with other individuals, hence the "conspiracy."  I have done hundreds of narcotics investigations and charged dozens of people with conspiracy.  When people deal drugs there is often a criminal element consisting of several individuals.  You have suppliers, mid level and street level dealers, runners, look outs, etc.  When these people are linked to a criminal enterprise such as narcotics distribution you have a conspiracy to deal narcotics.   

It is really simple if you think about it or look up the definition of conspiracy.  It is something like "several individuals working in concert."  I didn't look it up, but that is what it is. 

If the facts are right and he is a drug dealer do you think he deserves the medals?  Or has he tarnished the image of every Marine?

Where are you getting your facts that Mr. Huerena  is a drug dealer (?) the Sheriff's office never openly stated as of yet what exactly the "warrant" was for other than a "conspiracy warrant". Where do you get he's a drug dealer ?

I think killing a decorated Marine with 60 bullets in his body in his own kitchen during an invasion is horrendous, yes. And of all things take his military medals, gold, silver and jewels ? WTF !!!!  Even more so horrifying  since they say Bin Laden was shot only twice (2 times) in some other country.

"No he didn't answer the door armed."

No, he stood in the entryway and pointed a weapon at the cops.  Either way, not a very bright move.

"And it wasn't a narcotics warrant, it was a 'conspiracy warrant'"

There is no such thing as a "conspiracy warrant."  There are either warrants to arrest the person, or warrants to search a property for items relating to alleged criminal activity and to seize any such items found.  Regarding drug dealers, such items would include not only the actual drugs but also answering machines, cell phones, ledgers, computers, scales and packaging materials and any large sums of cash, and I'm sure the warrant specified that the police had authority to search for and to seize those very things.  

In order to get the warrant, the police application/affiidavit for the warrant made to the judge would have contained police statements that there was probable cause for a warrant to issue on the basis that the guy was a drug dealer and had also conspired with others to break drug distribution laws.  To show this, the police would have likely either done undercover drug buys from the guy, tailed him to observe him making drug deals or drug buys, observed him receiving pacakges or cash from others, and/or relied upon sworn statements from informants, and would have stated the results of their investigation to the judge who issued the warrant.

Bottom line: regardless of anything else he may have done in his life, the guy was a likely criminal, and at best an idiot for pointing a weapon at heavily armed cops. 

On the morning of May 5, twenty-six year old Jose Guerena was wakened by his wife with word that there were men outside their Pima County (Arizona) home.


Being a supporter of Military Personnel, I find it difficult to believe that a trained Marine would not "look" to see who these "men" were outside his house before arming himself with assault rifle. I have never had a SWAT Team outside my house, but I am pretty sure I would instantly recognize them and conduct myself accordingly.



Kim

Jim, conspiracy is defined as an agreement between two people or more to commit a crime.  Many states also require that at least one of the conspirators undertake an affirmative "act in furtherance" of the conspiracy - although the United States does not require any act in furtherance under the federal conspiracy laws, but merely an agreement.  The crime of conspiracy is independent of the crime the conspirators seek to perform, and is a separately charged offense. 

Example: Jim and Don decide to rob a bank, and, needing a weapon to do it, Jim buys a gun.  Even if Jim and Don never get around to actually robbing the bank, under these facts
they are still guilty of conspiring to do so in every state in the U.S. as well as pursuant to federal law making it a federal crime to conspire to rob a bank.  And in some states and also under federal law, the agreement alone is sufficent to convict them for conspiracy to rob a bank.