Possible lawsuit in Tucson SWAT shooting

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TUCSON, Ariz. -- The Pima County Sheriff's Department may have to defend itself in court over the shooting death of a west-side man in a SWAT situation last week.

A lawsuit has not been filed, but the Guereña family hired a well known lawyer to investigate what happened on May 5.

Wednesday afternoon, friends and family gathered at the Carillo Mortuary for a memorial service for Jose Guereña.  A Tucson raised man who served his county.

"He was a decorated united states marine a loving husband to his wife and father to his two young children, he left twice for battle fields Afghanistan and Iraq not knowing if he'd ever come home to see his family again," said Guereña Family Attorney Christopher Scileppi.

Attorney Christopher Scileppi was hired by the Guereña family to investigate the shooting on May 5.

A shooting where PCSD SWAT fired 70 shots at Guereña who was armed with a rifle with the safety on.

"We'll be sending our investigators out to find out what the neighbors saw what mutual observers saw because this was obviously a big deal certainly to the Pima County sheriff's office," said Scileppi.

Neighbors reported hearing and seeing a lot of activity at the home the morning of the 5.

"I heard 2 automatic weapons, two different ones. There was a lull of maybe 45 seconds then I heard two or three more shots, what I thought were shotgun rounds," said neighbor David Watson.

Wednesday, PCSD said the SWAT team was serving a search warrant for a narcotics conspiracy case at the Guereña residence.

"We found information that was pertinent to this drug conspiracy case," said Lt. Michael O'Connor from the Pima County Sheriff's Department.

Members of the family say things that were taken will show they were not part of any drug conspiracy.

"What I do know that they collected phones, computers the family has conveyed to me that they're confident that there is nothing that will be of inculpatory incriminating information," said Scileppi.

According to Scileppi, the most important thing to the family right now is clearing Jose's name to the community and with his own children.