I'm Jose Guerena. I served two tours as a Marine in Iraq. I fought foreign enemies to defend America. I was killed by American cops as I defended my family.

Radley Balko from Reason Magazine is my hero for his unparalleled coverage of police malfeasance in the service of armed no-knock raids, usually on drug suspects.  His reporting in the Huffington Post on the story of Jose Guerena, while shocking, is not surprising when you’ve read as many “botched drug raid”* (as HuffPo titles it) stories as I have.  Just peruse the database at http://cato.org/raidmap for a few minutes to get a feel for how the War on Drugs has become an actual shooting war with cops gunning down citizens who are often innocent of any crime or merely committing personal-use drug crimes.

In short, an armored and armed SWAT team was conducting no-knock raids on a set of homes believed to be involved in marijuana trafficking.  Jose Guerena, a Marine with two tours of Iraq under his belt, awoke from sleeping after working a night shift to the sounds of armed intruders breaking into his home.  Remembering that two of his wife’s relatives were murdered by home invaders and their three-year-old wounded, Jose orders his wife and four-year-old in the closet to hide while he grabbed his AR-15 rifle to meet the intruders.

When the cops see Guerena at the end of the hallway, they fire 70 rounds in 7 seconds, hitting Jose with 60 of them.  At first, cops claimed they saw the flash of his rifle’s muzzle, indicating he was firing, but later recanted and told reporters that actually Guerena’s AR-15 safety was still on as he was shot.  As Guerena lie bleeding to death, the cops prevented any paramedics from attending him for over an hour.  They claim it is because the raid was still a volatile situation… I guess, unlike the shooting of Rep. Gabrielle Giffords, where medics were treating victims within minutes even as the scene had yet to be secured.

Please visit Huffington Post and read Balko’s coverage of the cops’ latest double-speak, innuendo, and outright lying as they desperately try to cover their ass over the senseless murder of an American veteran.  

*I hate the term “botched drug raid” when there is a no-knock SWAT raid on a drug suspect.  You’re breaking into a person’s home without warning, pointing guns, and somebody gets killed?  There’s nothing “botched” about that.  That is the intent of the raid: go in with overwhelming force, subdue suspects if you can, kill what fights back.

Download Link: Secret Stash - Register to access
Download audio file (NORML_Daily_AudioStash_2011-01-31.mp3)

Hemp Headlines

1. California senator introduces bill to protect medical marijuana patients’ workplace rights
2. Dutch woman hanged in Iran for smuggling
3. Shelby County, Alabama, drug tests parents when kids go to juvenile detention

Daily Toker Tunes

• Roots Monday: Cab Calloway & His Cotton Club Orchestra – “Minnie the Moocher”

Law Enforcement Against Prohibition Speaker’s Corner

• Retired Deputy MacKenzie Allen, remarking on the selection of his anti-drug war question to be asked to President Obama and the answer he received

Radical Rant

<embed src="http://player.stickam.com/flashVarMediaPlayer/190793020"
type="application/x-shockwave-flash" wmode="transparent" scale="noscale"
allowFullScreen="true" width="400" height="300" allowScriptAccess="always"></embed>

• All I want for my birthday is an end to SWAT raids on cannabis consumers

We have 100-150 paramilitary raids of American homes every DAY, mostly in the name of the War on Drugs, when most drug users are neither armed nor violent. (Missoula Independent)

The following rant was transcribed from Toker Talk Radio, M-F at 2:00 pm Pacific Time at http://live.norml.org.  I posted a story a yesterday about a man in New York who was needlessly killed during a marijuana bust.  Russ Belville does his usual excellent work of tearing this apart and supporting the story with facts and figures.  Gee, I love this kinda talk.

Can we stop the killing, can we stop the SWAT raids?  Can we stop using excessive police force to enforce these drug laws?  If we have to accept that they’re going to be around for awhile and it’s politically difficult to change them, if that’s the case, fine, but please change the tactics we use to enforce those laws.

There’s no reason that we have to have a fully armed SWAT raid to bring down someone who’s violating a marijuana law.  According to the latest FBI statistics of officers who were killed by suspects while enforcing the law, there were 48 deaths of officers last year and of those 48 law enforcement deaths, none of them had to do with enforcing drug laws*.   And certainly none of them killed enforcing marijuana laws!

When we look at the statistics over the years of police officers involved  in shootings, we find that that the risk of a police officer being shot, not killed, just shot, while enforcing a drug law is 1 in 350,000.  That is the statistic that qualifies them to come in with the body armor and flash bang grenades, the tear gas and automatic weapons pointed at 13 year old girls, shooting dogs and hand cuffing people and having them sit in their dog’s blood while they interrogate them and tear up their house.  All because there is a 1 in 350,000 chance that they are going to be shot at**.

There’s no reason why these laws can’t be enforced by knocking on these doors during daylight hours or waiting for people to leave their house so they can be apprehended outside the home.  Serving warrants in a SWAT-style fashion should only be reserved for those who pose a threat to themselves and to others.  It must be a case where you need to go in with guns blazing or it will mean a greater harm to our society and you cannot justify that greater harm to society by pointing to some guy growing pot plants under a light in his closet.

*Editor’s Note:  One death did occur from a Dallas police officer serving an arrest warrant when the suspect opened fire as the door was breached.  However, the FBI did not classify that as a warrant served over a drug-related matter.  Aside from 8 officers killed in drug-related arrests in 2001, no year in the 21st Century has seen more than 3 officers killed and in ’04, ’05, and ’09, there were no deaths serving drug arrest warrants.

I suppose drug prohibitionists would say that’s because we serve warrants SWAT-style.  But that doesn’t hold water.  From 2000-2009, there have been 19 officer deaths attributed to drug arrests (out of 536 total deaths, or 3.5%), while there have been 29 deaths attributed to “Tactical situation (barricaded offender, hostage taking, high-risk entry, etc.)”, exactly the situation SWAT was meant for, and 52 deaths responding to “robberies / burglaries in progress”.  Cops who are killed are most likely to die in a traffic stop (18.8%).

**Not exactly accurate.  There is a 1 officer killed for every 350,000 drug arrests.  More than that may be shot at.  Sorry about the error – I was reciting from memory. –”R”R

A 50 year-old military veteran was shoved to the floor in a swat raid over two, small, legal cannabis plants on Monday night. Will Laudanski is a medical marijuana patient, so in his state he is allowed to grow 15 plants and possess 24 ounces of marijuana.

Read this article:
Washington Vet Shoved To the Ground In Swat Raid Over Two Small Plants

In Atlanta, a deadly standoff ended in a man’s suicide inside his home.

Link:
Standoff Between Swat Team and Man With a Marijuana Garden Ends In Suicide

Click here to view the embedded video.

The Columbia, MO police department served what they termed a “high risk” search warrant at my residence at 12:08am on April 9th, 2009.  When my wife woke me up, I had just enough time to hear “Columbia PD, Search Warrant!”, before they forced entry with a battering ram.  It was the most horrifying 2 seconds of my life as I watched my door fly open and pieces of the door frame flying at me, followed by a column of paramilitary clad thugs.  As instructed by the cop with the machine gun in my face, I threw my hands up as high as I could, as I heard another one yell “Secure the dog, shoot him, shoot him”.  Fortunately, they did not kill my dog.  I don’t believe I could have remained as calm as Mr. Whitworth if they had.  I’m pretty sure I would be dead.

My wife and I were pulled out of bed, naked, and handcuffed.  They finally brought in a female officer, and my wife was allowed to dress before being taken to the livingroom.  I had a crowd of perverts staring at me.  They found the misdemeanor amount of marijuana on my table, and of course didn’t forget to steal every dollar in the house.  After collecting the money, they actually had the nerve to ask if we had any jewelry or other valuables in the house.  I had to ask “Is this a robbery, or what?”

After I was Mirandized, I made the only statement anyone in that situation should make.  I received it from an ACLU member at a checkpoint going into Schwagstock (a whole other rant entirely).  “I invoke and refuse to waive my right to remain silent.  I invoke and refuse to waive my right to have an attorney present, and I’m requesting that attorney now”.  They pulled my wife into another room, and informed her that she “doesn’t know what kind of man I am”.  Laughable.

I was ultimately arrested for misdemeanor possession of marijuana and paraphenalia.  I bonded out right away, and have yet to be charged with a crime.  Like Mr Whitworth, I have a previous felony conviction for marijuana possession (of course, reduced from possession with intent).  Aside from marijuana possession and a couple of traffic tickets, my criminal record is clean.  I have never been accused of a violent offence or a weapons violation.  There was no reason to believe that they were facing a violent suspect.  My wife is a degree holding physical scientist, and I will finish my BA in Computer Science in December.  We may just be “hippies” in their eyes, but we’re hippies that contribute to society, don’t bother anybody, and pay our fair share to the government (on top of what they steal, of course).

Download Link: Secret Stash - Register to access

Download audio file (NORML_Daily_AudioStash_2010-05-17.mp3)

Hemp Headlines

1. Michigan’s zero-tolerance for cannabis metabolites comes into play in trial of man in vehicular manslaughter case
2. NPR study takes a look at the economic changes in Humboldt County following medical marijuana and an impending statewide legalization vote
3. Rep. Ron Paul (R-TX) re-introduces the Industrial Hemp Farming Act.

Daily Toker Tunes

Brought to you by Cannabis Karri and Cannabis Fantastic

• Roots Monday: Uncle Bummer & the Midnight Strummers – “Ballad of Humboldt”

NORML Board of Directors

• Keith Stroup, NORML’s Founder and current Legal Counsel, addresses the future of legalization with California’s initiative.

Radical Rant

• The rise of paramilitary SWAT raids in America

Download Link: Secret Stash - Register to access

Download audio file (NORML_Daily_AudioStash_2010-05-11.mp3)

Hemp Headlines

1. Billings, Montana votes for 6 month moratorium on dispensaries following two firebombings of dispensaries
2. Owners lawyering up for Los Angeles pending close of over 400 dispensaries
3. White House changes rhetoric in the War on Drugs, makes concessions for heroin and cocaine, but moving forward with same old law enforcement against cannabis.

Daily Toker Tunes

Brought to you by Sahra Kant Photography

• Electric Tuesday: Sly Joe – “High”

California Marijuana Report with Eric Brenner

• Interview with Charles Lynch, federally convicted medical marijuana dispensary owner from Morro Bay, CA.

Radical Rant

• PETA, Fox’s Judge Napolitano, and Columbia Police respond to SWAT Dog Killing

First, from FOX Freedom Watch’s excellent Judge Napolitano:

Click here to view the embedded video.

"Maybe if someone tried to make a coat out of me, then PETA would protest my death."

Second, from one of our loyal followers who contacted PETA about the Missouri SWAT Dog Shooting:

Thank you for contacting PETA.

We share your concern about the circumstances under which these dogs were shot. We understand that the responsible agency is conducting a thorough internal review of the incident, and we sincerely hope that this review will lead to policy changes that will ensure that it is never repeated.

These tragedies happen more often than one would imagine. It seems we’re inundated with calls every week from people whose dogs were shot by law-enforcement personnel. Officers appropriately resort to deadly force when they believe that their lives, or the lives of others, are in danger. But sometimes officials draw their guns unnecessarily or too quickly. Regardless, it’s important that all officials whose work brings them in contact with animals be trained to deal with animal situations effectively and humanely. We often recommend that agencies take advantage of the National Animal Control Association’s training programs (http://www.nacanet.org) for that reason.

If, after reviewing state law (http://www.animallaw.com) and local law (http://www.municode.com), it is believed that a government agency wrongfully injured or killed a companion animal, the shooter could face prosecution, and the animal’s guardians may be able to sue.

It is important for any companion-animal guardian to be familiar with the laws that afford their loved ones protection from every kind of abuse. For more information at your fingertips, you may wish to read Dog Law: A Legal Guide for Dog Owners and Their Neighbors, by Mary Randolph.

Thank you again for writing and for your concern for animals.

Sincerely,

The PETA Staff

…but PETA’s not going to do jack about it by publicizing this as much as they’d protest some actress wearing a fur coat or a biker wearing a leather jacket.

Third, as the video is close to topping 1,000,000 views, the Columbia Police apologists have come out in force on the blogs, including this one, to put a rest to all the “misinformation” out there:

Kinloch Court Search Warrant Update

Columbia Police officers served a search warrant at 1501 Kinloch Court, in Columbia, at 8:27 p.m., on February 11, 2010. The search warrant entry team consisted of eight SWAT members and the perimeter team consisted of three officers, one of whom is a SWAT member.

Upon entry, the officers immediately encountered two dogs. During the search warrant, one of the dogs was shot and killed. This dog was a breed commonly referred to as a “pit bull”.

According to the search warrant affidavit, this is what the officers knew as they were barging in late at night in full body armor and toting automatic weapons:

There is reason to believe the crime of “MARIJUANA, A SCHEDULE I CONTROLLED SUBSTANCE and the evidence of the crime of drug trafficking to include records, phone numbers, cash, and apparatuses to facilitate the use and distribution of controlled substances” is being committed at the residence.

“[A] cooperating citizen with a history of truthfulness and reliability… advised Jonathan Whitworth is selling large amounts of high grade marijuana in the Columbia area.”

“[A]nother cooperating citizen who has proven reliable and truthful on numerous occasions… has observed a large amount of high grade marijuana inside Whitworth’s residence within the past 10 days.”

“During an examination of the contents ofthese trash bags, I found… a baggy containing [THC] residue and numerous items of drug paraphemalia with [THC] residue on them.”

“Jonathan Whitworth has numerous previous arrests including resisting arrest, possession of marijuana, delivery, manufacturing controlled substance prior/persistent offender and DWI. The Columbia Police Department has received information dating back to 2003 indicating Whitworth’ s involvement in the sales and distribution of controlled substances.”

Notably absent from this crack detective work and plea to a judge to allow Detective Dogkiller and his stormtrooper buddies free reign to bust in Whitworth’s door and start discharging automatic weapons…

• Whitworth is living in the home with his wife and 7-year-old son.
• Whitworth has two dogs, a pit bull and a corgi, in the residence.

Do you think a judge would be so quick to sign that warrant with that information?  (Don’t answer, because he probably would.)  So this entire invasion was based on pot that wasn’t there with no knowledge of children and pets that were there?  Didn’t your garbage snoop turn up any kids juice boxes, baggies of dog poop, or anything other than discarded pot baggies and pipes?  Did you not observe anything at the home over eight days between warrant and raid to indicate there were dogs and a child present?

The defendant, Jonathon Whitworth, was arrested.

The police department has received numerous inquiries from citizens who have received misinformation. While the investigation is still ongoing, the department recognizes the need to provide information prior to its conclusion to clarify some specific questions, many of which are based on misinformation.

* The pit-bull type breed dog was not confined; it was not in a cage and it was not behind a gate.
* The other dog, described as a Corgi, was not killed. This dog is believed to have been struck once.

“Believed to have been struck”?  What, we need further investigation to determine whether the audible yelping in the video and the visible damage to a corgi’s paw was the result of your officer’s gunfire?  And oh, it was a pit bull that was killed, not the corgi?  Well, then, that makes it all OK, now, doesn’t it?  Pit bulls deserve to be killed, is that it?

* The defendant’s wife and child were at the residence. However, neither was in the presence of the officers or dogs when the dogs were shot.

Oh, so the child didn’t actually see Detective Dogkiller shoot his pets, he only had to hear gunshots, his pets yelping in agony and terror, and only saw one of his pets’ corpses as a body-armor-and-mask-clad stranger with a still-smoking weapon led him and mom out of the house while others were manhandling and screaming at his daddy.  Sure, there were seven bullets flying around the home, but none of them pierced the paper-thin walls to harm the child, so it’s all good, right?

* The officers did not force entry into the home. The door was unlocked and an officer opened it.

So, you’re telling me this big time drug dealer goes to bed at night without locking his front door?  A guy you presume to have large amounts of high-grade marijuana and cash related to drug trafficking in the home, a guy by your accounts is a repeat offender well versed in the drug trade, leaves his front door unlocked.

* The search warrant was not served for a misdemeanor amount of marijuana. The Columbia Police Department does not pursue search warrants for misdemeanor amounts of marijuana. The search warrant was for Marijuana, A Schedule I Controlled Substance and the evidence of the crime of drug trafficking. A copy of the affidavit is attached.

In other words, we only go to the trouble of bursting into homes at night, terrorizing women and children, and killing family pets if there’s more than 35 grams of marijuana involved and the suspect is selling it to other willing purchasers.

* A diversionary device or “flash bang” was not deployed during this incident

Police Chief Ken Burton requested the Internal Affairs Unit conduct an investigation into the uses of force involved in the incident. A total of seven shots were fired.

The investigative review also examines training practices, and the department’s current practices in general with regard to the service of search warrants. Since that time, the department has received inquiries from individuals expressing a desire to know if an investigation is being completed.

Upon being briefed about the incident Chief Burton concluded that this search warrant should not have been served in the delayed fashion that it was, but rather should have been disregarded when the department was not able to serve it within a reasonable time. He has made members of his department aware that policy changes with regard to search warrant service are underway. In the interim, he will personally be responsible for approving search warrants in which forced entry may be required.

See, the problem isn’t that we’re bursting into homes at night, terrorizing women and children, and killing family pets over marijuana.  The problem is timing.

When the internal investigation is complete, a news release will be issued with its results.

Many phone calls and e-mails are being received by the members of the police department, as well as other City departments, regarding this incident. The department is doing its best to reply with a statement to the inquiries that contain a legitimate e-mail address or phone numbers, and which include questions that we can answer at this time.

Chief Burton has proposed changes to the department’s Narcotic Search Warrant Service Protocol. View those changes here.
http://www.gocolumbiamo.com/Police/Documents/NarcoticsSearchWarrantProtocolChanges.pdf

View a copy of the search warrant affidavit here.
http://www.gocolumbiamo.com/Police/Documents/AffidavitKinlochCourtsearchwarrant.pdf

Make all the excuses you like, Chief, but it still boils down to this:

• Cops broke into a man’s home over marijuana.
• Cops fired seven bullets in a home where a child was sleeping.
• Cops killed one family pet and wounded another.
• Cops didn’t find any evidence of the felonies for which the warrant was served.

All these explanations are meaningless until you accept the premise that this level of force is appropriate to keep people from using marijuana. The proposed changes by the Columbia Police still allow for “dynamic entry” to bust into people’s homes to keep them from using marijuana. All this document represents is embarrassment that the cops were caught on video executing these commonplace tactics and promises to make sure that the next time they burst into a home late at night guns blazing to catch someone with marijuana, they’ll try to be sure there are no kids around.

Or as Pete Guither at DrugWarRant so eloquently puts it:

The proof of this failure is evident in the statement by Deputy Police Chief Tom Dresner:

“If we were searching for stolen televisions in his house, there is no reason for SWAT,” he said. “He can’t flush televisions.”

He doesn’t even get the wrongness underlying his statement.

The entire philosophy behind SWAT-style drug raids is that the death of a mother, a child, or the family pet is an acceptable risk to prevent flushing. (Deep Thoughts)

What makes it worse is that you can’t actually flush large amounts of marijuana.

Remember, folks, this isn’t just Columbia, Missouri, this is commonplace all across the United States and comes straight from the top.  Federal funds are abundantly distributed to local law enforcement agencies through mechanisms like Byrne Grants to buy military-style hardware and conduct aggressive anti-drug efforts.  This raid is the expected result of our national War on Marijuana Users.