A U.S. Marine who was killed when he was gunned down in his home near Tucson, Arizona, never fired on the SWAT team that stormed his house firing 70 times in a hail of bullets, a report has revealed.
The revelation came as dramatic footage of the shooting was released, showing the armed team pounding down the door of Jose Guerena's home and opening fire.
The father-of-two, who had served twice in Iraq, died on May 5 after the SWAT team descended on his home believing it was one of four houses associated with a drug smuggling operation.
The Tucson SWAT team responsible for the May 5 house shooting defended its actions, saying the team was conducting a multi-house drug investigation based on a search warrant when they saw Mr Guerena aiming an assault rifle at them.
At first, the SWAT team had said Mr Guerena fired first, but then they retracted that statement, saying he had left the safety on.
SWAT team lawyer Mike Storie claimed weapons and body armour were found in the home, as well as a photo of Jesus Malverde, who Mr Storie called a 'patron saint drug runner'.
In a statement, the sheriff's office criticised those questioning the team, saying, 'It is unacceptable and irresponsible to couch those questions with implications of secrecy and a cover up, not to mention questioning the legality of actions that could not have been taken without the approval of an impartial judge'.
On the night of the raid, Ms Guerena said her husband was asleep, after having worked a night shift at the Asarco copper mine. She said she then saw the armed SWAT team outside her youngest son's bedroom window.
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