Allegations in Tucson SWAT shooting incident

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TUCSON, Ariz. --  According to the lawyer defending the SWAT team that killed Jose Guerena, the Iraq war vet they shot 60 times in a raid was part of a home invasion ring.  His family says prove it.

On May 5 members of the Pima County SWAT team were serving a search warrant at the Guerena family home.

The sheriff's department said the home was part of a narcotics conspiracy case.

"The information they had that there was an organization in town, a violent organization that was dealing in drugs, drug rip offs, home invasions," said attorney Michael Storie.

Storie will be representing the five SWAT members who fired more than 70 shots at Jose Guerena, ultimately killing him. Storie says, in Guerena's home, PCSD found exactly what they expected.

"They found body armor, they found guns, they found assault rifles at least a piece of a law enforcement uniform," said

Through attorney Christopher Scileppi, the Guerena family is asking the sheriff's department to release all the information on the shooting.

Scileppi believes PCSD is trying to hide something.

He says Storie's explanation is the fourth one that has come out since the shooting.

"They realize that mistakes were made and they're going to try to do everything they possibly can to cover those mistakes,"  said attorney Christopher Scileppi.  "This is an attempt by the lawyer for the SWAT team to discredit and defame my client and get their story straight."

Storie on the other hand says that's just not true.

He says the SWAT team went in clearly marked, was forced to shoot, then found the evidence they believed was there.

"He is merely making reckless and ridiculous statements out there that have done nothing but misinform the community," said Storie.

Storie says it doesn't matter that Guerena didn't fire first.  He was holding the assault rifle, and raised it to fire rather than drop it when the SWAT team told him to.