California County Pays $2.6 Million To Family After Swat Team Raids Home, Starts Fire That Kills Innocent Man, and Blocks Fire Trucks Rushing To The Scene

RogelioSerrato5-300x169Monterey County has agreed to pay a family $2.6 million after police conducted a military-like raid on the home of an innocent man and burned down the home with the man inside while blocking fire trucks rushing to the scene. Rogelio “Roger” Serrato, 31, died at the scene and left a family with four children without a father.

We have been following how police departments have used terrorism funds and grants to buy military equipment and expand SWAT team raids (and here and here and here and here and here and here) for even small alleged crimes. Even the Department of Education is ordering military like raids.

800px-Nash_BearcatIn this case, the Monterey County Sheriff’s SWAT team hit Serrato’s home on suspicion of being involved in a non-fatal shooting (he turned out to be entirely innocent). They drove an armored Lenco Bearcat on to his lawn and surrounded it with paramilitary officers. When he did not come out, they hit the house with a flash bang grenade that caught furniture and a Christmas tree on fire. An officer approached the burning home with a fire extinguisher but they spotted Serrato in his shorts in the living. Shouting “suspect,” he withdrew with the fire extinguisher. The officers retreated to the armored vehicle and kept their guns pointed at the house as Serrato was reportedly heard screaming. Officers watched the house burn as fire crews were blocked by their vehicles in getting to the scene.

Despite this record, County Counsel Charles McKee insisted that the officers acted as true heroes: “They put their lives at stake in trying to secure the property and they should be commended for trying to resolve a very tense situation.” They should be commended for starting a fire and then watching a man burn inside while blocking fire trucks? I am not saying that the officers wanted the house to burn or that they could have foreseen the fire. However, their actions after the fire seem less commendable as demonstrated by the large damage award. Yet, no officers were punished for these actions.

The county’s insurance carrier settled the lawsuit without admitting any wrongdoing.

35 thoughts on “California County Pays $2.6 Million To Family After Swat Team Raids Home, Starts Fire That Kills Innocent Man, and Blocks Fire Trucks Rushing To The Scene”

  1. @rafflaw

    It isn’t the sheriff that is paying the claim.

    It’s the tax paying folks of Monterey County on the hook.

    The terrorists responsible have been called heroes by the sheriff and town counsel with nary a soul held responsible for the death of an innocent man.

    From the Monterey Herald:

    Instead of trying to help Serrato, who was emitting “anguished cries” and breaking windows, SWAT team members retreated to the transport vehicle, pointed rifles toward the home and awaited the fire department, the suit said.

    Zeros not heroes.

  2. Disgusting outcome of a stupid over reach by the Sheriff’s department. At least the family was able to make them dig pretty deep into their pockets to pay this claim. So sad.

  3. Now that the damage has been done, has anyone thought to recall the clown who tried to justify this?

  4. Monterey County Sheriff’s SWAT terrorists showed complete depraved indifference to human life.

    Monterey County Counsel Charles McKee is nothing short of a fraction of a human being for his attempt to “paint” the Monterey County Sheriff’s SWAT terrorists as heroes.

  5. To protect and serve–my ass! They murdered a man and left four children without a father and they are to be commended? 2.6 million doesn’t even begin to cover it. What these officers did was criminal!

  6. Things like this usually happen in other localities, but this was in my neck of the woods. 2 days ago, the local paper published a piece by the sheriff in which he attempts to sorta justify it. The paper’s editor however did not let him get away with it, and published a retort blasting away any attempt at justification.

  7. “Their mind set was that he is a criminal and if he should die in the assault, so be it, no skin off our back.” (Paul)

    Sadly … a mindset proven to be correct.

  8. ” I am not saying that the officers wanted the house to burn or that they could have foreseen the fire” wrong, flash bang grenades frequently cause fir. This was a possible outcome and they knew it. Their mind set was that he is a criminal and if he should die in the assault, so be it, no skin off our back.

  9. Justice Holmes….. You can’t be a criminal if you work for the government…..

    But the pump don’t work because the vandals stole the handle….

  10. “Abraham Maslow said that if the only tool you have is a hammer, all problems look like a nail. If they buy one, then there must be some secret law that says they MUST use it.” (OS)

    That’s a keen observation to which I would add the dangers of police-mob mentality which is influenced by the loss of responsibility of the individual when the command structure breaks down. No wrong doing? Yeah, well, try pulling an individual out of that police-mob.

  11. I have seen several of those urban assault vehicles on flatbed trucks. Most of the ones I have seen had the names of law enforcement departments painted on the side. It must be a lucrative business. More profitization of the system.

    Abraham Maslow said that if the only tool you have is a hammer, all problems look like a nail. If they buy one, then there must be some secret law that says they MUST use it. My dad had a saying about stuff like this, “As useless as tits on a boar hog.”

    The only military-type gear our sheriff’s department has acquired are two Humvees, canvas-top type. Now, that makes sense, because they are useful for search and rescue in these mountains.

  12. There rarely seem to be consequences to police when an innocent citizen dies.

    Compare the consequences when a citizen “resists”, even when no injuries to cops result.

  13. No amount of money can restore the loss of life.

    Cases such as these are so INTOLERABLE – it quickens my anxiety beyond the point of despair/disheartening – and pushes me to the precipice of my limits of civility!

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