Jose Guerena - Gross incompetence or murder?

http://www.kgun9.com/story/14629449/family-of-tucson-man-killed-by-swat-hires-attorney?clienttype=printable
Video from the APC

Earlier this month Jose Guerena was killed by police in his home while they were attempting to execute a search warrant in a drug investigation. Jose was a veteran who served 2 tours in iraq before being honorably discharged. He was armed with an AR-15 when the swat team opened fire, however he did not shoot and the safety was still on after his death. The swat team fired more than 70 rounds in about 7 seconds at least 60 of which hit Jose. The police then refused paramedics access for over an hour before sending them away. Jose’s wife who was hiding in the closet claims she believed at the time they were being subject to a home invasion. Nothing illegal was found in the home.

Now I haven’t presented all the facts just the ones that seem especially relevant to me, please see either link for a much more detailed account. If it wasn’t obvious thus far I believe this was either gross incompetence by the police, or murder. What do you think was this incompetence, murder*, or neither?

*please note I’m not suggesting a conspiracy theory, just that it could/should be considered murder if the police simply opened fire without provocation