Scileppi said the fact that Guerena had been fired at 71 times and hit 22 times was “grotesque,” and “almost a caricature of an overly excited group of poorly trained law enforcement agents.”
Kastigar sharply disputed that, calling the Pima County SWAT team one of the best of its kind in the nation. “We’re not a bunch of country bumpkins in southern Arizona with big bellies and cowboy hats,” he said.
The shooting was justified, he said, because Guerena pointed his AR-15 at the SWAT officers and said, “I’ve got something for you,” before they opened fire.
The five SWAT team members who shot Guerena believed that he had fired his weapon first, he said. Subsequent investigation revealed that the gun’s safety was on and hadn’t been fired. Ultimately, that is not an issue, Kastigar said.
“What reasonable person comes to the front door and points a rifle at people?” he said. “It takes several milliseconds to flip the switch from safety to fire and take out a couple of SWAT officers. I’m firmly of the opinion that he was attempting to shoot at us.”
The officers laid down “suppressive” fire because one had tripped and fallen and the others thought he’d been shot.
“You point a gun at police, you’re going to get shot,” Kastigar said.
Second Amendment to the U.S. Bill of RightsA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
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