"They found nothing in the house that was illegal," he said. Framing the delay in providing medical attention as a tactical decision is "nonsense," Scileppi said. "There was an ambulance there in two minutes and they were never allowed in."
He pointed out that when Rep. Gabrielle Giffords was shot in Tucson, law enforcement let paramedics have access to victims in a far more volatile situation.
"The pieces don't fit. I think it was poor planning, overreaction and now they're trying to CYA," Scileppi said.
Guerena served two tours of duty in Iraq until he left the Marines in 2006.
"Every time he was under my command, he definitely pulled his weight," said Leo Verdugo, his master sergeant in Iraq, who helped arrange for Guerena to be buried in his Marine dress blue uniform. "I have a hard time grasping how something so tragic could happen."
He speculated that perhaps it was a case of mistaken identity. "At the wrong place at the wrong time in his own home," he said.
Vanessa Guerena is "devastated and distraught" and seeking justice for her husband and two sons, said her lawyer. "The main thing she wants is her husband's name cleared and his honor restored."
The oldest boy, Jose, turns 6 on Tuesday. "He went to school, came back and never saw his daddy again," said Ortiz. As for Joel, "He's asking, 'Why did the police kill my daddy?'
"We were so worried when he was over there fighting terrorism, but he gets shot in his own home," Ortiz said. "The government killed one of their own."