TUCSON (AP) – The family of a former Marine who was killed when a SWAT team raided his Tucson-area home in 2011 has settled a lawsuit with four police agencies for $3.4 million, a newspaper reported Thursday.
If they did nothing wrong, why settle? And since a civil lawsuits’ 51% “preponderance of evidence” is basically a mirror-image of the standard for indictment, why hasn’t Pima County Attorney Barbara LaWall done anything to prosecute the SWAT officers who broke into Guerena’s home without sufficient warning, shot him, and denied paramedics access until after he was dead? The article says:
“The county attorney’s office later cleared the SWAT team officers of any wrongdoing.”
Notice it doesn’t say “a grand jury cleared the SWAT team.” Because if it had been put in front of a grand jury, whose indictment standards are similar to the culpability standards applied in civil cases, then there’s a good chance that someone involved would have been indicted. This should be plain-as-day in light of the fact that Pima County decided to settle rather than let the lawsuit go to trial. So why hasn’t the Pima County Attorney moved to indict anyone for anything?