The revelation came as dramatic footage of the shooting was released, showing the armed team pounding down the door of Jose Guerena's home and opening fire.
The father-of-two, who had served twice in Iraq, died on May 5 after the SWAT team descended on his home believing it was one of four houses associated with a drug smuggling operation.
The terrifying footage shows the uniformed team pulling up outside Jose Guerena's home, sounding their sirens and banging on the door before kicking it in.
The sound of bullets then rings out as they open fire shortly after entering the home. Read More
Some of the officers said they believed that Guerena fired on them, but the investigation showed that no shots were fired from the weapon and it was never taken off the safety position.