May 21st, 2011

Oath Keepers to Rally in Tucson on Memorial Day Over Death of Young Marine Veteran

Update from Elias Alias May 21, 2011: Update: Below is Stewart Rhodes’ announcement and call to action for all Oath Keepers who can make it to Tucson on Memorial Day. Since Stewart wrote this article, he has informed me of the following update: Oath Keepers will join Vanessa Guerena, the widow of Jose Guerena, to conduct a Memorial at the Guerena home on Memorial Day. There will be various Oath Keepers activities over the Memorial Day weekend. Please check at Oath Keepers’ national site for updates and details.

* * *

US Marines * Semper Fidelis!

US Marines * Semper Fidelis!

Oath Keepers to Rally in Tucson on Memorial Day Over Death of Young Marine Veteran

Stewart Rhodes
Oath Keepers
May 21, 2011

(Article published at InfoWars dot com – link below article.)

Tucson, ArizonaMay 30, 2011March and rally from 9am to 3pm, followed by formal indoor meeting with speeches and additional memorial ceremonies into evening.


This is an urgent call-out to all Oath Keepers, all veterans, all patriotic police officers, all Americans who cherish our liberty and our Constitution, and to all liberty leaders and patriotic organizations to join us in Tucson, Arizona this Memorial Day, May 30, 2011 to take a stand in defense of our Constitution, which our war dead fought to defend, and to take a stand against the egregious policy of using SWAT teams to serve search warrants on veterans and gun owners with no violent criminal history.

As you may know, on May 5, 2011, a young 26 year old Marine veteran who had survived two tours in Iraq, and father of two, Jose Guereña, was killed in a SWAT raid in Tucson, Arizona (see below news articles for details). At approximately 9:30 am, two hours after he hit the rack after working a twelve hour graveyard shift at an Arizona mine, his wife woke him by yelling that there were men with guns outside (she had seen a man outside the window pointing a gun at her). He told her to take their four year old son and hide in a closet, grabbed his AR-15, and stepped out into the hallway of his home just as his front door was battered in.

Jose Guerena * USMC

Jose Guerena * USMC

He died with his safety still on. He didn’t fire a shot. The Pima County, Arizona (Sheriff Dupnik’s department), SWAT Team fired 71 rounds at him, hitting him with approximately 60 rounds. He had no criminal record. The only justification given by the Sheriff’s spokesman for using SWAT to serve the warrant was that it was a search warrant in a narcotics conspiracy investigation (with three other homes searched in the same neighborhood), and that this is their policy when the home-owner may be armed

This policy of using SWAT to serve mere search warrants on people with no violent criminal history will lead to more deaths of veterans and other trained American gun owners because a trained man will react precisely the same way this young Marine did.

We must take a stand on this use of SWAT against gun owners and veterans who have no violent crime history, and that stand needs to be a firm one.

Therefore, we are going to rally in Tucson this coming Memorial Day, May 30, 2011 to honor this young Marine’s service and to express our opposition to the destruction of our liberty, and our opposition to this policy of using SWAT Teams to serve mere search warrants on gun owners and veterans who have no violent criminal record.

We don’t yet know the exact details of where precisely we will meet for a rally point in Tucson. We are still working out the details, which will depend on Jose’s family’s wishes, and other variables, but at a minimum we will conduct a solemn march and memorial for this Marine, Jose Guereña, to be followed by a formal gathering of remembrance for all of our war dead, with patriotic speeches by liberty leaders, patriotic police officers,and veterans.

We are seeking permission of the family to hold a memorial ceremony at Jose Guereña’s grave, present his wife with an award for valor for him, from us, for his service to his country, and to his family for doing exactly what any warrior should do. If we get permission from his widow and family, we will march to his grave, hold the ceremony, and march back to a rally point, and then we will go to a meeting hall (VFW, Marine Corps League, American Legion, or a local church – still to be determined) and have speeches and further fellowship and remembrance of him and of all our fallen. We will invite ALL who cherish our Constitution and want to honor him and all our fallen. We will see who shows up and who does not. We will let that speak for itself.

We will also issue a formal statement and press release condemning the policy that lead to his death. that statement will be signed by our current serving and retired police officer leadership who oppose this misuse of SWAT, and also by our Marine combat veteran leadership who are outraged at what was done to this young Marine, as well as other veterans within our leadership, on behalf of all 12,000 official members of oath keepers who are current or retired military and police, and on behalf of all American veterans, retired police, and gun owners who are placed at risk by this dangerous policy precisely because they would react the same way this Marine did.

And we will petition the Governor, Attorney General, and Legislature of Arizona to conduct independent investigations into this Marine’s death. We will present those petitions in person the next day, Tuesday May 31 in Phoenix, and we invite you to go with us to the Capitol of Arizona. We may also present a formal letter of grievances directly to Pima County Sheriff Dupnik. We are still sorting out the details of exactly what we will do in that regard.

What better way to honor our war dead and veterans this Memorial Day than to defend our Constitution and our God given rights to life, liberty, and the pursuit of happiness, which is what they all fought, bled, and died for?

And yet those are the very freedoms that are now being taken away, and the Constitution they all swore to defend and gave their lives defending is now being trampled all over by corrupt oath breakers. Our Constitution truly hangs by a thread. If we don’t step up and defend it, there won’t be many more Memorial Days, and our Republic will fall.

We must stand against this policy that puts all veterans at risk of being shot by SWAT if their homes are searched, and we must honor the service and courage of this young Marine who simply did as any of us would have done by defending his family. And while there, we will also honor all other American warriors who have given their lives in defense of their homes, our way of life, and our Constitution. Let’s honor the oath keepers of the past by standing as oath keepers now

So, if you can at all make it to Tucson, please join us there to stand with us this Memorial Day, May 30, in Tucson.

This will be but the first salvo in a long campaign to fight this flawed policy, by placing the blame where it belongs – on the militarization of the police, on the trend to consider gun ownership the equivalent of a violent criminal record as justification for such SWAT raids to serve mere search warrants on gun owners who have no violent criminal history, and also at the feet of DHS and the Southern Poverty Law Center which have demonized both returning veterans and gun owners in general with their rhetoric of hate (labeling them “extremists’ and potential terrorists) that lead to this killing and will lead to many more. We will make sure that this young man will not have died in vain.

Why This Rally Must Be Done in Reaction to the Killing of this Marine

I want you to imagine yourself in the same situation this young Marine veteran, Jose Guereña faced. What would you do if your wife woke you up by screaming that there are armed men outside. I think you would do as this young Marine did – you would grab your gun to defend your family. And then a few seconds later your door is busted in, and you come face to face with unknown armed intruders (not knowing if they are street criminal home invaders or police). You would be in the same situation this young Marine was in. And if it turned out to be a SWAT team, it is likely you too would be shot dead while you are trying to sort out whether those armed men are police – as Jose was likely doing, which would explain why his safety was still on.

Those of us who are trained know and understand that the only way your family is going to be safe from a criminal home invasion is if you step up and defend them, but if you do that, if you dare to arm yourself and defend your family against home invasion, if it turns out to be the police conducting a dynamic SWAT raid, you will be at risk of being shot on sight every time. You will die for simply defending your family.

And that’s the problem with this policy of using a SWAT team just to serve a search warrant. Jose had a clean record – no criminal history. It wasn’t like he had a long rap sheet of violent crime convictions. So, what was the reasoning for going in like a military counter-terrorism unit? The sheriff’s spokesman, Lt. Michael O’Connor, said they do this when a suspect may be armed. So, they are telling us that whenever they serve a search warrant on any gun owner, this is how they are going to come in – with a dynamic entry by a heavily armed SWAT team a mere 15 seconds after pounding on the front door. Fifteen seconds is not enough time for you to get out of bed, figure out who it is, and then go answer the door, especially after your wife is screaming that there are armed men outside – are you really going to just stick your face in a window to see what’s outside? Or are you going to react in a tactical manner, arming yourself and being careful about taking a peek outside? By that time, your door will be battered in and you will be face to face with unknown gunmen (and don’t forget that many street criminals now impersonate police when they do home invasions). This is a recipe for disaster and death every time. Our New Mexico Chapter President, retired police officer Juli Adcock, wrote me to say:

“My utter sorrow simply cannot be expressed. It could just as easily have been my 26 year old son, a Marine Vet, with 2 babies and a wife.”

She’s right. It could have been her young Marine son, it could have been her, it could have been me, it could have been you – it could happen to any of us since we would all do the same thing he did in response to an apparent home invasion.

Oath Keepers Board member Rand Cardwell, a Marine Scout-Sniper combat veteran, agrees. He told me that the same thing would happen to him or to his son, who is a current serving Marine Scout-Sniper, or to his Marine son-in-law. All of them would react in the same way under those same circumstances. And he agrees that it is most likely this young Marine still had his safety on because he was trying to ID the threat before he fired, as he had been trained to do.

And Arizona Oath Keepers Chapter President Ray Epps, also a Marine infantry veteran, agrees that he would react the same way under those circumstances. And indeed, the same response was voiced by retired Las Vegas Metro Police Officer Dave Freeman, my Western US Vice President and National Peace Officer Liaison. Indeed, every current or former police officer (several with SWAT experience) or military service member I have asked has had the same opinion.

If the Pima County Sheriff’s office were really concerned about avoiding this kind of near guaranteed firefight against a well trained gun owning veteran, they could have stopped him on the road on his way home from work. How hard would that have been? Just pull him over in a traffic stop, tell him they have a search warrant to search his home, and then conduct the search. But instead, they went in exactly as they would against a barricaded suspect with a long history of violence.

This policy is going to lead to more deaths, and especially among veterans, among retired police, and among any Americans who have had some training in defensive weaponcraft. Perversely, the better trained you are, the more likely you are to be shot by a SWAT team because you will not just curl up in a fetal position when your door is kicked in and armed men enter your home screaming obscenities. That only works on the untrained. It doesn’t work on Marines, all of whom are riflemen first, or on any other veteran who has had combat arms training. Nor will it work on retired police officers, or on well trained citizens who have been to any high quality civilian shooting school such as Suarez International, Thunder Ranch, Gunsite, Front Sight, etc. The better trained you are, the more likely you are to be shot dead by a SWAT team because you won’t freeze, and because you will react in a competent, effective manner to defend your family.

And such use of SWAT is not confined to search warrants in drug investigations. Tea Party founder Walter Reddy recently had a SWAT raid conducted on him by his local police department, based in part upon an unsubstantiated FBI statement that Reddy was a “person of interest” in a domestic terrorism investigation. The local SWAT Team executed a search and seizure warrant, seizing all of his guns. He was never charged with a crime, and yet his guns were taken for a year. You can read the details here:

As egregious as has been the lack of due process in Reddy’s case, the most dangerous aspect was the use of a SWAT team on him to merely serve a search warrant. Reddy is fortunate that he did not end up like this young Marine in Tucson. What was the basis for using SWAT on Reddy to serve this warrant? It wasn’t drugs. Aside from the mere fact that he is a gun owner, it could only be his political activities. Reddy is the founder of Committees of Safety and a known “patriot” leader who helped orchestrate the first modern Tea Party event in Boston, on December 17, 2007, and is now working on an alternative money system, with his “Sovereign State Depository, Inc.” which was recently incorporated in Delaware and is being designed to help the dozen or so state legislatures that have passed gold and silver resolutions in the past year to find a way to make commercial transactions in units of gold and silver. Such a dangerous man!

As I have said many times before, that is precisely the kind of heavy handed, dangerous use of SWAT that Southern Poverty Law Center and others of their ilk would like to see done to all of us, for merely defending the Constitution and advocating for constitutional government.

This policy of using SWAT to serve search warrants on gun owners simply because they are armed, and where there is no long history of violent crime, has got to stop. I think taking a stand over the use of SWAT against this young Marine in Tucson is a good place to start. And we also need to demand some answers from Pima County Sheriff Dupnik about exactly why this young Marine was left to bleed out while paramedics were prevented from treating him for an hour and fifteen minutes. Jose would have had a better chance if he had been shot in Iraq, where a corpsman would have braved enemy fire to treat him.

As we head toward Memorial Day, I find it disgusting that this young Marine survived two tours in Iraq and returned home to a family who was no doubt relieved and grateful to God that he had survived war, only to be gunned down in his own home, by his own government. As a veteran, I am just plain ticked off. But also as the Founder of this organization, I am convinced that we Oath Keepers veterans need to step up with as much resolve as we expect the current serving to do. We ask them to “steel their resolve” to do what’s right by their oath. We veterans need to do the same, and we Oath Keepers need to take the lead on encouraging other veterans and veterans organizations to step up.

And as for any concerns about not knowing all the facts in this case, what is at issue is the policy of using SWAT to serve a search warrant on a veteran with no criminal history that is at issue here. The facts related to that decision are clear. And it is that practice that is being used across this nation, in direct conflict with our right to bear arms and our right to defend our homes. And that policy will lead to more deaths, and it must be stopped. That is the point, not any ultimate outcome in this particular case – and since the Sheriff’s office has sealed all documentation and is now refusing to answer any further questions, it will be months or perhaps even years before all facts are known in this particular case. By then, people may have forgotten all about it. So now is the time to step up.

At this Memorial Day rally, we will conduct ourselves in a professional manner that does due honor to the dead, due honor to our Republic, and due honor to this young Marine’s service. Just like during the 912 March in DC, where there was not a scrap of paper on the ground after a million people were done speaking their minds, we will conduct ourselves in such a manner as to not give the domestic enemies of the Constitution a leg to stand on. Liberty is preserved by four boxes of freedom. Let’s use the first box, the soap box, by exercising our right to freedom of speech, assembly, and our right to petition government for a redress of grievances. Conduct yourselves with honor and due respect for Memorial Day, but let’s do send a firm, resolute message that we will not let our Constitution be destroyed, and we will not let our children’s heritage and birthright of liberty be stolen. Not on our watch!

For the Republic,

Stewart Rhodes
Army Airborne veteran and Founder of Oath Keepers


Read article at InfoWars dot com:

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59 Responses to “Oath Keepers to Rally in Tucson on Memorial Day Over Death of Young Marine Veteran”

  1. 1
    George delgado Says:

    I would like to join this march. i went through a similiar situation here in Tucson. The police did not have a warrant though. Its state sponsored murder here. Lets not forget Stanley with polio that was gunned down in his house by the police who were there to “question him about child molestation” after his wife told police he carried a gun for protection.

  2. 2
    Norma Says:

    If I lived in the area, I would also take part in this rally. It seems to me that THIS ONCE GREAT COUNTRY is turnnin into a police state.

    Prayers for the family of Jose Guerena.


  3. 3
    Penni B Says:

    Mr. Rhodes, I posted this on the Daily Paul in hopes of informing members of the situation. If we were in the area, we would be attending. The Bill of Rights may be attacked by the PTB, but it will always live in liberty-lover’s hearts. It is heart breaking to hear of this, praying for the family.

  4. 4
    Juli Adcock Says:

    Let us not forget our honorably serving law enforcement officers across the country who are endangered and killed as a result of these policies and training methods being forced upon them.

  5. 5
    Thanh Le Says:

    Georgia Veterans and Georgia is with Tucson in the fight against tyranny

  6. 6
    Gregory Romeu Says:

    Lebanese killed 241 Marines. Lebanon still owes us 241 Marines. Now Tucson owes us one Marine. Judging by the ignorance and stupidity of both murdering factions, it appears that per capits, Lebanon is much smarter.

    I say we create a Wrongful Death suit against SWAT and all entities that support/pay for them and remove from the law enforcement agency(ies) those that were involved, from the one who deployed these predators on down the line to the one that issued them ammo, drove the vehicles, dispatched movement over the radios to the very last person that has any fingerprints on this insurgent attack on our soil.

    Semper Fidelis.

  7. 7
    Steve Bigden Says:

    I cannot believe that you are doing this. I suggest you at least allow the investigation in this matter to be completed before you make a decision or conclusion about what happened. There is much more to this story than we are being told, or what you are telling. I think I will re-consider my decision to join Oath Keepers if this kneejerk reaction is typical of Oath Keepers.

  8. 8
    CorbinKale Says:

    Steve Bigden,

    Your post is a useful example of acting without knowing the full story. Oath Keepers is not going to Tucson to protest the police. The bad policy, that automatically equates veterans and gun owners with violent criminals, is what we are protesting. This decision was reached by the OK leadership only after long and careful discussion. We are addressing ONLY the bad policy that irresponsibly endangers BOTH the police and citizens. THAT is clear fact, regardless of anything else that might later be revealed in this case. The police, who honor their Oath to the Constitution, are with us on this protest.

    If this type of Oath Keepers protest activity causes you concern, then you would do well to reconsider your membership plans. There is going to be more of it.

  9. 9
    Craig Mayberry Says:

    Where in Tucson will the rally be held? I live in NM and intend to go there but Tucson is a big place so I need an address to mapquest. As I go everywhere relatively heavily armed will the Tucson police be targeting Oath Keepers members as domestic terrorists? Should I bring a helmet and body armor and be prepared for a fire fight? Is the rally point a defensable position?

  10. 10
    Craig Mayberry Says:

    If anyone elese in the Albuquerque area wants to go I can take a couple of guys with me.

  11. 11
    Elias Alias Says:

    @ 7 Steve Bigden

    I think CorbinKale has said it very nicely. I would invite you, Steve Bigden, to think about the word “policy”.

    What comes out of the investigation has nothing to do with what Oath Keepers is challenging. We are coming out publicly to declare that the policy in this case is indicative of a policy which comes from a more centralized power than the Sheriff’s office. We are talking about the militarization of our local peace officers across the nation by Federal inducement and coercion. We are talking about Federal funding of local peace officer training, Federal equipage of same, and the citizen profiling at the Federal level which would direct any S.W.A.T. team anywhere to view gun owners and veterans as threats to law enforcement. We are talking about the SPLC’s relationship with the Department of Homeland Security and we are talking about the network of Fusion Centers which are parroting DHS/SPLC propaganda about profiling American citizens who dissent against current Federal activity at the national level.
    So you see this is much bigger than the investigation of one S.W.A.T. incident. This has to do with a policy which has traceable roots up to the highest levels in WDC but which reaches down to the local peace officers in Anytown, USA.
    Now. You may believe that all is well with America today, or you may believe that something is terribly wrong in America today. Lord knows that there is plenty to stimulate some thought in the mind of any citizen these days, don’t you agree? But if you choose to see that America has problems right now, and if you care about that enough to find out whence cometh those problems, you will begin to equip your perception to more fully understand what Oath Keepers is doing by going to Tucson on Memorial Day.
    Our detractors are trying to pin our actions to a strawman they’re projecting onto our decision, which is the question about Jose Guerena’s criminal intent or criminal involvement in previous crimes. But that will not carry the day for our detractors and critics. Jose’s guilt or innocence is totally unrelated to what Oath Keepers is doing by holding a memorial service for Jose Guerena.

    Also, please note that by your own statement the investigation is not complete at this time, so the proper stance is to presume Jose’s innocence while we’re honoring his service to this nation in a foreign war – two tours as a U.S. Marine. Oath Keepers is big on Police, Sheriffs, and Soldiers. Jose walked the walk for America, and that deserves honor, and Oath Keepers fully intends to extend that honor to his family. He is, after all, innocent until proven guilty, and it is not Oath Keepers’ fault that this former Marine has been denied his day in court. Lastly, I am not aware of Jose Guerena’s name being on any warrant, nor am I aware of any charges filed against him. What I am aware of is that the man is dead by enactment of a *policy* which threatens every American citizen.


  12. 12
    Elias Alias Says:

    @ #9 Craig Mayberry -

    Uhm, Craig, this is to be a memorial service primarily, and there would be no reason to attend armed. This is not about confronting anyone or any office or any agency. This is to remember a young Marine who has had his life cut short by an offensive policy which has in recent years been developing in our law enforcement communities. I will thank you for understanding that.

    Oath Keepers will remain interested in the investigation of this S.W.A.T. killing of a home-owner, and at the appropriate time we will issue statements to address the final results of that investigation. But what we’re doing this Memorial Day has nothing to do with that investigation. There will be no confrontation, so cool your jets please. Have reverence for Jose’s memory.


  13. 13
    Peter Flink Says:

    The First Amendment guarantees the inalienable RIGHT to free expression of dissent of an onerous policy that is rooted in a distorted rationale articulated by DHS that returning veterans, especially legal gun owners, pose an unusual threat as domestic terrorists requiring extreme measures. Having sworn to uphold and defend the entire United States Constitution mandates that those expressions of dissent be exercised by those who have so sworn, when that twisted thinking results in policies and procedures that result in potentially egregious behavior by those who have also sworn to uphold that same Constitution while they “serve and protect”. After surviving the Iraqi fields of conflict, only to be gunned down in his own home without even taking the safety off while protecting his family against what was perceived as a real clear and present danger is a tragedy. Thoughts and prayers for his family.

  14. 14
    Craig Mayberry Says:


    I don’t intend to go to the rally bristling with armament, in fact you wouldn’t know if I was or wasn’t without forcing an illegal search. However, I am always armed as a matter of personal policy as I take the 2nd amendment seriously and not only keep but bare arms as is my right as a U.S. citizen. My reference to being armed was merely hyperbolic sarcasm as in ironically referring to the need to be armed in the face of a fairly reckless and murderous police department in Tucson. I’m sorry that my attempt at irony blew by unnoticed. My actual question is WHERE IN TUCSON will the rally be held if one plans to attend.

  15. 15
    phil Says:

    I’m an OIF combat vet and I will be there, just provide specifics.

  16. 16
    Uncle Vic Says:

    I’m very glad we are having this gathering. It will be a reminder to all that we are concerned about civil rights which unfortunately have had change thrust upon them in the past few years. Remember law enforcement has leaders that need wisdom to guide the team. One comment I read since the event is why a man with no record was not simply pulled over and served the warrant when he got to his home. Why the dramatics for this which ended up non lethal for the swat but tragic for Jose and his family? I’m sure tragic for the team members involved also. Why endanger so many lives? I if I was awaken from a sleep the exact same incident could occur. We have millions of Veterans with the same mind thought. A good time on Memorial Day to remember all. Together We Win!

  17. 17
    OldSoldier54 Says:

    Still waiting for a time.

  18. 18
    Craig T Mayberry Says:

    I’d like to go but I don’t see any details yet.

  19. 19
    Lou Giefer Says:

    Good ol’ OKer’s … always big on hype and short on delivery.

  20. 20
    Steve Bigden Says:

    Corbin, this has nothing to do with the deceased’s military history. That’s NOT why the warrant was executed. And please do not suggest that I do not know the full story. You do not know or will not admit that there may have been a valid reason for using a SWAT Team on this warrant. You, like I, do not have all the facts. All I’m saying is that Oath Keepers should wait until all the facts come out before making this rush to judgement that you and others have apparently made.

  21. 21
    OldSoldier54 Says:

    Ok, 9-3pm. Address?

  22. 22
    X-A 1-6 Says:

    Craig, “don’t punk me boy”? Jesus Christ what a short fused arrigant bastard you are. My personal beleif is you should just stay home. You appear to be a hot head with an attitude and i can see where your likely to find yourself in over your head from your hot headedness. Calm down. Going to this ralley packin is just askin for trouble. Especially with your short fuse.

  23. 23
    Elias Alias Says:

    X-A 1-6, I went ahead and deleted the post to which you refer. I don’t have time to raise another kid. ;)


  24. 24
    CorbinKale Says:


    If you want to sit this one out, no one is going to fault you for it. Maybe the increased attention will cause the facts to come out sooner? Waiting isn’t going to make it better, and we have plenty of information to justify the action we have chosen. If it had been an ARREST warrant for a violent felon, rather than a SEARCH warrant for a Marine with no criminal record, we would probably agree with your position.

    I answer the door armed, and investigate any noises or movement outside with the same weapon that Jose was holding. I am a vet with no criminal record, too, and I can see that this type of tyrannical policy would endanger the lives of anyone sent to my house with violent intent. Better that we speak out now. Waiting will cost lives of both citizens AND police. Silence in the face of oppression only encourages further oppression.

  25. 25
    X-A 1-6 Says:

    And i was lookin so forward to your child raisin technic. What-ya wanna bet he’ll come back with another bad boy exclaimation?

    This is a good thing that OK is plannin but, and you probablly already considered this, some response out of the Pima county boys. You know, some type of subversiion or, as we use to call it, “recon by fire”. They’re not gonna like it one bit that OK is there. Got the permits yet?

  26. 26
    X-A 1-6 Says:

    Hey Elias, if he does come back, would you not erase it cause i gotta leave for work here shortly, and i could use a good laugh tonight when i return. You know, it’s just red neck intertainment is all.

  27. 27
    Elias Alias Says:

    @ 20 Steve Bigden -

    Steve, this is not a “rush to judgment”. We are not protesting SWAT. We are not protesting the Sheriff. We are protesting the policy of using SWAT for this kind of police work. We do not need a damned battalion of grunts with combat gear to serve a warrant on a man whom law enforcement knew worked at a real job, had a wife and kids, came home every day. I think you are going to find that they did not even have Jose’s name on the warrant. I think you will recall that the first two press releases from the Sheriff’s Department stated point blank that Jose fired “bullets” at the cops. I think you’ll recall that Vanessa Guerena was on the phone with 911 operators when SWAT came back into the house after shooting her husband, took hold of her and led her out of the house, past her wounded husband laying on the floor. I think you’ll recall that the Sheriff’s Department has stated publicly that the reason they refused to allow medics inside the house was because they were worried there would be other people inside that house – yet someone from SWAT did indeed go in right after the shooting and brought Vanessa out. I think you’ll recall that the first press releases said the warrant had to do with conspiracy drug offenses, which was later changed to state that the warrant was related to home-invasion criminal activity. There will be much to explain before this is all done and fully disclosed.
    But all the false reports aside, Oath Keepers means to make the nation aware that this kind of military-styled police work is not lawful activity in America. We are focused on the policy, not the individual. Get this word into your head and let it sink in please – POLICY. It is the policy of using SWAT to serve warrants on homeowners because of their 2nd Amendment rights to keep and bear arms and because they are veterans of foreign wars. That brush right there came from DHS, is sent down through the Fusion Centers and other “education/training” conduits to our local peace officer communities, and that POLICY is what we’re after here. So we really don’t have to worry about whether Jose gets painted as a criminal or as an innocent victim – the outcome of the investigation has nothing at all to do with our mission to publicize the bad policy surrounding common, everyday use of SWAT for general police work. Put another way, Oath Keepers is not going to silently stand by and watch this nation convert into a military-police state. I hope I’ve made this clear for you.
    Further, we will be honoring Jose’s service to America with the U.S. Marine Corps. In this country, no matter what SWAT thinks, a man is considered innocent until proven guilty. SWAT saw to it that Jose will never have his day in court, so we must presume his innocence. Therefore, we’re honoring his service to this nation. Let the government convict him after killing him if it wants to, but without his presence in any trial, and given the numerous contradictions published by the Sheriff’s Department, we will never really know the full truth about any of this. Another reason not to use SWAT for this kind of police work.
    Now, after reading what I wrote here, do you still think I’m “rushing to judgment”?
    Thanks for reading.

  28. 28
    Reg T Says:

    I am glad to hear that Oath Keepers will be showing up in support of this man’s widow and children.

    Are there any Oath Keepers who are employed by the Pima County Sheriff’s Dept.? Were any of them on the SWAT team that killed this young Marine? I hope not, but I am curious mostly because I have yet to hear of currently employed (as opposed to retired) LEOs speaking out against this kind of lethal excessive force.

    I’ve been an LEO, and know it isn’t easy, know the pressures and pain that can be brought to bear for speaking out. I’m simply trying to come to grips with the likelihood of support from current LEOs in putting an end to this madness, this militarization of men who should be peace keepers, not killers.

    The residents of Pima County need to get rid of Dupnik, and as Stewart says, the use of SWAT for warrant service needs to stop.

  29. 29
    ceanf Says:


    i agree with your position fully. it hits the nail directly on the head. and the cause and reasoning behind the oath keepers remembrance and protest deals with issues that have for too long ‘pushed to the back burner’ so to speak. the militarization and federalization of our local police forces under the guise of fighting an unconstitutional, never ending ‘war’ will no doubt lead to a military-police state if it is not stopped. so i salute what you and the oath keepers are doing. if i wasnt 3000 miles away i would make time to attend.

    however, i feel you are going to easy on the state and their thugs here. lets call what happened to jose exactly what it is… a state sanctioned murder/execution.

  30. 30
    Agent Paranoid Says:

    Steve Bigden,

    I suggest you find all the stories on this murder and then start picking apart all the lies, retractions, and inconsistencies.

    See Junior, all a man has to do is tell the truth … the first time. When a man does that, there is no need to change the story … a multitude of times.

    I am asking you to read everything you can find on this murder … turn off your cop loin gyrator … be a man … and then come back and tell us what you really think.

    You are a man … right?

    It amazes me how many “men” in this country who gyrate their loins over copdom. What a bunch of girls.

  31. 31
    Stone D Says:

    I live in Pima County and will definately be there as soon as the details are released. I am hoping that Sheriff Dupnik will be voted out this year, but we will see when the time comes. Vets, thanks for your service on this coming Memorial Day.

  32. 32
    Elias Alias Says:

    As our plans continue to evolve into more concrete preparations for this memorial service and the following afternoon rally, I can now announce the place and time for our muster. Please read the announcement at this link -

    I want to thank all of you for being patient. We had very little time to plan and arrange a public event for Memorial Day. Less than twenty days from start of our idea. We are still adding to our plans, still working out some details, and some scheduling and arranging decisions won’t be available until the morning of the march. All who muster with us at 8:00 a.m. Monday morning, Memorial Day 2011, will at that time be given directions and scheduling for the afternoon’s activities. Please read everything at the above link carefully and make plans to attend. Thanks!

  33. 33
    J Smith Says:

    URGENT: Will Senate Protect the 2nd Amendment in the Patriot Act? Fourth Amendment trampled by Patriot Act
    Vote Coming tonight or tomorrow am.

    This incident with a dead marine IS the result of trampling 4th amendment rights by Patriot Act.

    —– Forwarded Message —-
    From: Florida Campaign for Libery
    Subject: URGENT: Will Senate Protect the 2nd Amendment in the Patriot Act?

    May 25, 2011

    Dear Florida Patriots,

    Senator Rand Paul is continuing his efforts to hold Harry Reid accountable to his February promise to allow a full week of debate and open amendments on extending the Patriot Act.

    In defiance of Senate orders, Sen. Paul courageously brought up three amendments and asked for unanimous consent to allow a discussion and a vote on them.

    Harry Reid then personally objected to protecting gun owners’ rights and shut the attempt down.

    Rand is ensuring that this Patriot Act fight is far from over.

    Now is the time to call our Senators and demand that they do not sacrifice our 2nd Amendment rights in the name of fighting terror!

    Do our elected officials not remember that every thwarted hijacking since 9/11 has been accomplished by American civilians?
    United Flight 93: Forced down by civilians
    Shoe Bomber: Stopped by the passengers
    The so-called “underwear bomber”: stopped by an American citizen
    Why would anyone except a despot and a tyrant want to disarm the law abiding citizens of this country?

    Please call Bill Nelson at (202) 224-5274 and Marco Rubio at (202) 224-3041.

    Then, please call Harry Reid at (202) 224-3542. Demand that Senator Reid stop using dirty tricks to pass unconstitutional bills. Remind him that parliamentary rules were not made to be broken, and the Constitution is not just a piece of paper.

    Yours in Freedom,
    Mark Cross
    Executive Director
    Florida Campaign for Liberty

    P.S. Sen. Reid is personally objecting to Sen. Paul’s amendments to make sure the Patriot Act does not tread on our 2nd Amendment rights. Our Senators should be supporting our constitutional rights and not bowing to the demands of Sen. Reid. Please call them now and demand they support Sen. Rand Paul’s amendments to the Patriot Act.

    Please call Bill Nelson at (202) 224-5274 and Marco Rubio at (202) 224-3041. And hurry, the vote could happen at 1:00 AM tonight (Wednesday night.)

    P.P.S. By the way, since Reid is constantly blocking Rand’s efforts to stand up for gun owners, where’s the statement, NRA? (Maybe look for it over by where you left the statement supporting the DISCLOSE Act.)

  34. 34
    Gary Price Says:

    An investigation is not needed to hold a memorial service. The SWAT team made their actions quite clear when they killed him.

  35. 35
    Kelly James Says:

    Good work, guys. What happened to the Guerena family is completely unacceptable in a “free society” and you’re right, such a precedent threatens the rights of every citizen in America :-(

  36. 36
    Robert Fowler Says:

    Although I can’t be there is person, I will be with you in spirit. I agree that these SWAT raids need to stop. You can find multiple stories about these raids every day. Another Patriotic American has been gunned down without due process. Keep up the good work.

  37. 37
    Eric Says:

    This is a terrible tragedy. And while I am an Oathkeeper supporter, the facts of this case have not been released. Until such time as all the facts are known, any type of protest would be premature in my opinion.

  38. 38
    Elias Alias Says:

    Oath Keepers is not pre-judging this particular case. We are not protesting this case. We are not condemning the Pima County SWAT team.

    What we are standing against by sponsoring this muster is the POLICY of using militarized SWAT units to serve warrants on veterans and/or gun owners who have no criminal records but who are classified as “threats to law enforcement” simply for owning a gun or being a veteran.

    If you try, you’ll be able to understand this. What we have going on in America right now is the installation of a damned military-police state. The mis-use of SWAT to do ordinary law enforcement work is uncalled for, is dangerous to both police and citizens, and, as in the Jose Guerena case, is often illegal, unlawful, un-Constitutional. All of this has sprang from the Federalization and militarization of our local peace officers, and Oath Keepers is standing publicly in opposition to that kind of mischief.

    That’s basically what’s up with the “protest” part of our activities in Tucson. But please remember that Oath Keepers will hold a memorial service at the Guerena home to honor Jose Guerena’s service with the U.S. Marines in two tours in Iraq. We will honor his service to this nation as we lament the needless, senseless snuffing out of his life in his home while his wife and son hid in a closet as SWAT dumped 71 rounds of gunfire downrange in his own hallway and then, after entering the house again to bring Vanessa Guerena outside, leaving Jose to bleed out on the floor by refusing to allow medics to attend to his wounds. I will just say this – the power and might of the damned-by-God government is going to have to answer for this – and Oath Keepers, in demanding that the government be held accountable for this abuse and misuse of enforcement assets, will thusly insure that Jose’s death becomes the turning point in the insane militarization of our peace officer communities across America.

    Have no doubts, have no fears, have no hesitation – support this righteous move for justice. Support Oath Keepers. Support the rule of law. Support the Republic which the military-industrial complex seeks to destroy. Support the return to Constitutional honesty in governance and freedom of the individual citizen under our Bill of Rights. Thank you.


  39. 39
    BlackSite Says:


    While in Tucson, be sure and visit our store. You’ll be amazed at what we have in stock and our everyday low prices. Even if you don’t need any equipment, bring your questions to our knowledgeable staff for quick and accurate information.

    DON’T GO TO THE RALLY LACKING ANYTHING YOU NEED! Through May 30, we are offering 10% off on anything in the store to OATHKEEPERS!


    5023 E. 5th St
    Tucson, AZ 85711 Monday – Friday 10:00 – 5:30 Saturday 10:00 – 5:00

  40. 40
    RanDomino Says:

    I don’t understand how you can be so right about things like the drug war and police overreach, and so wrong about groups like the SPLC. It’s like you’re right in every specific way and wrong in every theory and idea…

  41. 41
    Frederick Says:

    I am a Founding Member of Oathkeepers,and I have never been more proud of this orgination than now!
    It seems to me that there exists a large rip in the fabric of our society, and nothing else comes close to filling that void than Oathkeepers. If the force of the Left is not met with a greater force from the Right, the battle will surely be lost. My deepest gratitude to Elias,and to the others as well!
    My prayers will be with all the Oathkeeper-patriots in Tucson on Memorial Day.

  42. 42
    Rev. Reggie Jackson Says:

    This is a horrible travesty of justice that shows us that the New World Order is aggressively carry8ing out their One World Luciferic Agenda; and taking it to another level. We are in grave danger; as the International Bankers/Illuminati kingpins have taken over all aspects of our Constitutional Republic. And their continued use of wars further their commitment to enslave us all. And only the Great God of Heaven and His Almighty Son Jesus Christ, will ultimately defeat them. And their agonies in the great lake of fire and brimnstone will be extremely harsh and agonizing; for killing and committing genocides on billions of people with their wars and genocides.

    And they will be forcing humanity to take their evil and mind controlling and zombie making Mark of the beast chip that they will put in peoples foreheads or hands. Revelation 13 and 14 tells us what will happen if we take their Mark (chip). Revelation 14:9-11, says that if you take it; you will be tormented 24/7, day and night without rest because it will mean that you have followed and joined
    Satan and his hellish antichrist beast leader, and their leaders.

  43. 43
    Wayne smith Says:

    Every single one of these officers are guilty of tyranny. The punishment for Tyranny is death. It is the responsibility of the military to inforce this. If not the crimes against We The People by the goverment will get much worse. What The hell do you people think the FEMA Enslavement and Concentration Camps are for.

    From time to time, the tree of liberty must be watered with the blood of tyrants and patriots.
    –Thomas Jefferson–

  44. 44
    Agent Paranoid Says:

    Wayne smith,

    It IS NOT … NOT … the military’s responsibility to enforce anything!

    It is YOUR responsibility. Your responsibility Wayne. Hello Wayne?


    What you had: A republic … if you can keep it! – B. Franklin

    HOW TO KEEP IT: The Tree of Liberty MUST be refreshed from time to time with the blood of patriots and tyrants. IT IS it’s natural manure. – T. Jefferson

    I am telling you right now … every democracy throughout history has ended in tyranny and bloodshed against its citizens. FACT! While I am sure there are many current serving OK’ers here who will not go along on that day … even they will be outnumbered by those WHO WILL!

    Fact! If you are not a combat veteran or at a minimum come from a combat arms MOS … I suggest you find someone who is and spend some time with them individually or in a group outside of OK’ers. Because a great many of those who are not/will not … won’t survive. Being a member of OK’ers is NOT going to save you.

  45. 45
    X-A 1-6 Says:

    Hold on there sparky (Mr Agent Paranoid)although i can fully appreciate the application of the combined combat arms doctorine, And i have served within a specific combat arms MOS, IN COMBAT!
    HOWEVER,,,be advised, sir, without combat support, there ain’t gonna be much combat after about the first 24 hrs. But you already knew that didn’t ya, ,,,ya silly grunt.

  46. 46
    Remnantsoul Says:

    CONDUCT WITHOUT REGUARD is what I believed has happened here and it appears to be SOP (normal operations) for this crew. My questions are how could the Judge in this process allow such SOP be conducted? What statistics is there that allow for such conduct? If so, at what level of Operational control measures were there and were they clearly understood? What types of built in constraints were there? “if any” built into such an operation? This conduct I would want to believe (barely) is that the Officers acted in TOTAL FEAR and LOST CONSENTRATION/CONTROL when shots were fired in disregard to environment and conditions that surrounded them which in my opinion make this TEAM/MISSION/OPERATION USLESS for the intended use.

    What a pitiful loss of life of the community as a whole to have such an incident to have happened and more “if” there were former military on this TEAM. If this were a military operation these Officer’s would be removed from the “field” and “suspended” pending an investigation and found guilty would be prosecuted to the full extent of the “law”.

    If such action was expected from this location/address then the show of force, which they had, could have curtailed this needless death. The “true evidence” of TOTAL FEAR of inexperienced Officers is evident in the DEATH of an “INOCENT” AMERICAN who “truly” paid with his LIFE. By this TEAM pretending to be a well organized and “EXPERIENCED” team is totally “INVALID” and USELESS for this intended use and should NEVER BE USED IN ANY TACTICAL MEASURE IN THIS MANNER.

    This TEAM should only be used as a “SHOW OF FORCE” but be ready to engage, and only with strict control measures in place to keep INNOCENT AMERICAN LIVES safe because we have confidence in the American people to do the “right thing”.

    If such “SHOW OF FORCE” were needed other measures could have been better implemented, but I believe not enough information is or was available for the TEAM to make a clear decision that there was “clear and evident” danger there. BECAUSE “IF” THERE WAS measures to “disconnect” necessary services to the location could have been done and measures to avoid escape taken.


  47. 47
    Phillip Says:

    Please, please, please, let me know where the rally point is! I want to be a part of this. END THE WAR ON DRUGS, RESTORE CIVIL LIBERTIES!

  48. 48
    ken bruun-olsen Says:

    I am a US Citizen who has fled from what I can only describe as the tyranny of the USA. I am a proud of what America stands for and yet ashamed of what it has become of late (The W Tragedy).
    A big part of me screams for rebellion, if only to spare my fellow citizens any more greif or bloodshed, but I understand that this would only be a battle of pure slaughter against the almighty military machines.
    Instead I would hope that organizations such as Oath Keepers will swell in membership to the degree in which the small voice of every citizen may be heard around the world and will quell the bad press that My Country is receiving at this time. I moved to Europe where I presently live and over here it is almost beyond the understanding of people that such a once great country could let itself be duped into its current state of affairs. I try and explain, or perhaps excuse, our current state of affairs but quite honestly feel more and more that I am only spewing that same old rhetoric that had been fed to me for all those years. I had given up on you all after being unlawfully held captive in NOLA with the police on NUMEROUS Occasions telling me that ‘The Law was What THEY Said It Was’, and in the end I snuck away on a jet in the night for FREE’ER Pastures over here. You actually have to break the law to be arrested here, I only hope that someday YOUR FREEDOMS will be left to the same Criteria. Good Luck America, We’re TRULY Rooting For You. PEACE !

  49. 49
    Roth Hillman Says:

    @ken bruun-olsen

    FINALLY! A man who took “love it and/or leave it” to heart! And soakin’ himself up some EURO-SOCIALISM!



  50. 50
    ken bruun-olsen Says:

    This will have an interesting outcome I’m sure, should we ever know all of the details.I truly beleive that many of the vets who come home are dealing with so many other difficulties caused by such a tour of service I think it a disgrace that this new additional BS need be put upon their shoulders as well.
    I would hope that your showing for Memorial Day will be of just the Correct Dimeanor as to Support its very Purpose. I Regret that I will not be able to attend but will be anxious to watch any video tidbits that hopefully will make it to this site. Know that you will ALL carry My Pride with you as well on this special day. With Honor!

  51. 51
    Dave Says:

    POTUS ruled last week that no citizen has the right to oppose a law enforcement entry into their home, even if there is no warrant, warrant is unlawful, warrant is in error (served to wrong address), if the officer/officers do not identify themselves, or if the homeowner doesn’t even know they are law enforcement officers!

    They have effectively made it impossible to defend your home from criminals. You never know if your being assaulted by the supposed good guys, or bad guys, so you have to plan to die by cop in order to defend your family, or die by criminal not protecting them.

    I feel like they have determined we are not going to submit to gun control, so they just went ahead and made it legal to murder us in our homes.

  52. 52
    Dave Says:


  53. 53
    Dave Says:

    If you watch the video of the raid, (it’s all over Youtube) you’ll notice these guys look like the Keystone Cops! They try to sneak up on the man’s home, and set off his car alarm doing so. They get frazzled, then make the most confused looking tactical entry ever. These guys are not LEOs that I normally know and love, they are uncordinated, untrained, trigger happy thugs.

    At least Jose got buried with full military honors.
    Semper Fi Jose!

  54. 54
    Dave Says:

    Another thing that stands out…
    They listed all the things found in his home, but NOTHING was illegal.
    There was a few items they passed on to the news that had dubious sounding connotations, but were actually things that would be found in many of our homes. I know they are all found in mine.
    “Guns, a piece of ‘body armor’, an item that could be constued as part of a law enforcement uniform”. The piece of a law enforcement uniform they so threateningly describe, was from my sources, a souvinier border patrol hat!

    Trust me, if they found so much as a pot seed laying in dustbunnies under the couch, they would have screamed “DRUGS FOUND” to the press in order to justify the murder.

    I honestly believe he thought they were criminals breeching his home, and when he realized they were LEOs, he stood down…. hence no shots fired and rifle on safety.

    Watch the video…. over and over…. I have yet to hear them identify themselves. And the siren noise that the press has identified as police sirens, is actually his car alarm. In the video you can see the officer that set it off desperately trying to get in the car and shut it down.

  55. 55
    Dana Whtie Says:

    Thanks for doing this. We are watching this country turn into a police state.

  56. 56
    Charles Benninghoff Says:

    It is so curious that so many Americans could tolerate SWAT showing up at someone’s door and shooting a fusillade of 71 rounds into a single man in these circumstances. I guess our slow march to accepting a fascist government goes on unimpeded even by some veterans who claim they fought to keep America free. It wasn’t too long ago that a similar SWAT action brought forth a reaction – which I condemn but understand – in Oklahoma City. While taking out a single patriot defending his own home and family may not equate to killing dozens of innocents in Waco, nevertheless the mindset of the government agent perpetrators is exactly the same. I hope for our country justice is done in Pima County quickly, unlike in Waco, before some misguided American decides to take justice into his, or her, own hands as did Tim McVeigh. Therefore, the action of the Oathkeepers in bringing this travesty to the fore can do only good, bring justice quickly if at all and result in these gestapo-like tactics ending.

  57. 57
    Redleg Says:

    Here is the most thorough examination of this story that I have seen anywhere by a USAF veteran (security police officer in SAC during the cold war) with extensive civilian police service, including SWAT duty who is also certified by Taylor’s American Small Arms Academy to teach, among other things, the submachine gun and holds an NRA training certification:

    Money quote: “I don’t have all the facts. No one does. But based on the video, and what is currently known, it is very hard indeed to see how the police acted with anything less than amazing incompetence, incompetence that cost the life of a former Marine, a man who was apparently a solid citizen working hard in a copper mine to provide for his young family.”

  58. 58
    DAN RIVERS Says:


  59. 59
    Lucy Says:

    A few years ago, two thugs from a nearby apartment complex knocked on my door. They selected my home and knocked. If they had kicked in the door, I would have shot as the door was coming open. How on earth is someone who has stepped out of the shower, or their sleep to determine much other than that someone is coming in!? In my case, they hoped I would just open the door. I NEVER DO. One already had a hood pulled down over his head. After reading the story of Jose, I will soon get a reinforced door. Cops have come blazing into the wrong houses. They have mistaken a TV remote for a gun. They have made all kinds of mistakes. Criminals have also claimed to be the police. Anyone can yell POLICE just before storming in. This has also been done prior to kidnapping and killing a teenage girl in Texas. No person earning big bucks in drugs would knock himself out working in a copper mine! Further, I don’t care if it was someone selling Marijuana! What happened to getting a trial!? So what if someone flushes a bit of drugs? It is better than storming in and killing men, women, children and loyal family dogs for no reason. You can only flush so much. Hell, shut off their water system first. The drugs will be in the pipes. They could use their brains and outsmart instead of kill. This country is not supposed to be a police state. Whatever happened to a ‘Persons’ house is his/her castle?

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