Posted on 06/14/2005 6:47:05 AM PDT by ken21
New details emerge in shooting of teen suspect Officer feared she and sergeant were about to be shot with stun gun before fatal shooting, sources say Advertisement
By Tony Plohetski, Claire Osborn
AMERICAN-STATESMAN STAFF
Tuesday, June 14, 2005
An Austin police officer told internal affairs investigators that she fatally shot a teenager during a scuffle because she feared that he had taken her Taser stun gun and was about to use it against her or her sergeant, a source close to the investigation said Monday.
Officer Julie Schroeder said she had been trying to subdue Daniel Rocha, 18, seconds before he turned his back to her and began fighting with Sgt. Don Doyle, said the source, who asked not to be identified because of proximity to the case. Rocha was either crouching over Doyle or lying on top of him when Schroeder fired one shot into Rocha's back below his left shoulder blade, the source said.
"Her fear was that he was about to disable the sergeant and that since the two of them hadn't been able to control him, that she wasn't going to be able to do it alone," the source said. "At that point, she really believed that Don Doyle was about to be Tased and disabled and that a weapon either could be used on her or him or both."
Three other sources familiar with Schroeder's story independently confirmed the source's account of what the officer told investigators. Police have refused to provide specifics about what happened that night, citing their ongoing investigation.
The source's account provides the first insight into how Schroeder described the events that led to the fatal shooting late Thursday at the intersection of South Pleasant Valley Road and Quicksilver Boulevard.
The account, however, varies from those of two neighborhood residents who told the Austin American-Statesman on Friday that they did not see a struggle. At least one of those witnesses says she was interviewed by police.
Lawyer Bobby Taylor, who has been hired by the Rocha family, said he also has talked to witnesses who provided statements to investigators.
"Two witnesses said they saw police grab Daniel Rocha out of the car and throw him in the ground," Taylor said Monday. "One of the witnesses heard Rocha yelling, 'I don't have a weapon. I don't have a gun.' "
Taylor declined to name the witnesses. He said that Schroeder knew Rocha because she had arrested him in another case.
Schroeder's Taser was found on the ground after the shooting along with several other items, including the officer's badge. An autopsy report obtained Monday said police also found a baggy with a leafy green substance on the ground by the passenger door of the vehicle.
Austin lawyer Tom Stribling, who is representing Schroeder in the internal affairs investigation, said Monday that "she is confident she did the right thing. I think that is what will get her through this."
According to the source close to the investigation, here's how Schroeder described the incident:
Officers in unmarked patrol cars had been watching a known drug house and saw a Chevrolet Suburban in which Rocha was a passenger leaving the scene. Doyle followed the SUV.
The driver of the Suburban stopped — apparently after either spotting Doyle or after Doyle turned on his flashing police lights. Schroeder and another officer pulled up to the SUV in a separate vehicle; the front of their patrol car was at a 45-degree angle to the Suburban's front left side.
One of the officers shined a light into the Suburban and recognized Rocha, who had an outstanding warrant on a felony theft charge.
The officer working with Schroeder walked to the driver's door and began questioning a man. A passenger in the back seat had opened the right passenger's side door and fled.
Schroeder, who had run over to the opened passenger door, tried to get Rocha to stay inside the Suburban.
Schroeder told investigators that she yelled commands such as "stay where you are" and "don't run." Instead, he lunged at her, knocking her to her knees.
The two continued their struggle when Doyle joined the fight.
Schroeder reached for her Taser to try to subdue Rocha and realized that it was missing. Her badge and a knife she carried on her belt also were gone.
Schroeder reached for her gun and fired once.
Two people who said they witnessed the shooting told the American-Statesman that they did not see a struggle.
"All of a sudden she just grabbed him, put him down there and threw him on the floor," Sonya Lopez said. "I thought they were going to try to put handcuffs on him . . . and all of a sudden, the shot just went off."
Tamara Thomason said, "There was not a struggle. I did not see a struggle."
Mike Sheffield, president of the Austin Police Association, said he believes that only a few witnesses saw the shooting. He said he is concerned that unreliable witnesses may have come forward.
"In reality, they can't give the same statement twice," Sheffield said.
Travis County Medical Examiner Roberto Bayardo said Monday that there were a few scrapes and a bruise he didn't notice on Rocha's body Friday that were noted on the autopsy report by Deputy Medical Examiner Suzanna Dana.
None of the scrapes or the bruises looked like self-defense wounds, Bayardo said.
"These are very minor abrasions, as if he was on the ground or crawling on the ground or falling on the ground," Bayardo said.
Rocha had a scrape on the side of his left arm that looked as if it were caused by gravel, the medical examiner said. He said the teenager also had a bruise on the back of his right arm, a scrape on his forehead, a scrape on his chest and another scrape on his chin.
Rocha could have been lying on the ground or lying on top of someone else when he was shot, Bayardo said.
New information about the shooting came on a day that family members and friends struggled for answers.
About 100 people, led by the Hispanic community group People Organized in Defense of Earth and her Resources and the National Association for the Advancement of Colored People, gathered outside the Police Department to protest the fatal shooting. Protesters lay on the sidewalk and sketched outlines of their bodies on the ground. They held signs saying, "APD: Another police-related death."
Earlier in the day, Rocha's family members attended a Mass at Cristo Rey Catholic Church on Second Street in East Austin to remember Rocha, who had been described by neighbors, family and friends as attempting to turn his life around. According to court records, he was on probation for burglarizing a house in 2004 and had been charged with marijuana possession.
Several distraught family members declined to comment after the service. However, Rocha's brother, Geraldo Rocha, warned people to avoid confrontations with police.
"I'm begging of you for my brother and my family, don't do anything stupid," Geraldo Rocha said. "I don't want to have anybody else's family go through this."
Additional material by staff writer Meredith Clark.
At least someone gets it.
right.
what i resent about this mess is how the left is using it to organize.
it's assumed that the police were wrong, and that this kid was a boy scout.
Ken, thanks for posting this. I just read the drivel on News8 and they're still reporting this from the "Rocha was the victim of the out of control APD" angle. Sick. Sounds like Mr. Rocha brought this one on himself. Sad.
Hey Sundown, I thought you might be interested in learning some of the facts here.
Back in the old days we had minimum standards for police officers. Minimum height, weight and physical attributes were demanded.
There was a reason for this, One reason being a big , physically able man could stare down a lot of trouble before it started. Not many people want to go up agains people larger than themselves.
Now we hire 5'2" women and expect them to go up against men twice their weight. When they lose they shoot.
I dont know this police womans physical height and weight, but I do know not many women can or should go up against a full grown man who is pissed. Women dont belong in a physical battle with men, and they shouldnt be placed in that situation.They dont belong in combat and they dont belong on the front line as police officers.Now: they can write tickets with the best of them , I would bet on that.
what's interesting about this case is that little was known for 4 o 5 days, and little is still known.
yet IMMEDIATELY the left steps forward with witnesses that "saw" the event, and their version doesn't even square with the police.
the left says that rocha was laying on the sidewalk and shot in the back by the cops. i find this insulting.
Idiot criminals and idiot police make a perfect idiot soup.
yeah, well, sargeant sam of radio klbj agrees with you. that's his argument.
another issue is how the community activists and city of autism removed the use of the tazer from the police, which meant that in the event of violence, guns were used.
the left says that rocha was laying on the sidewalk and shot in the back by the cops. i find this insulting
Yup, they're just parroting what Rocha's fellow drug-dealing thugs had to say about what they "saw". The community "activists" calling for APD to shutdown (ok, that's a bit of a stretch) say the same things, every time something like this happens (i.e. "we so scared of APD shooting our kids", and "we no longer feel safe", bleatbleatbleat, ad nauseum). I think there must be a talking points memo that the local media circulate when an event like this occurs on the east side of town.
rocha looks like an idiot.
what leads you to believe that the police are idiots?
yeah, if you listen to what these community activists and their legions are saying, their thugs should have the right to run riot over the city.
it would be total anarchy.
and that's a goal of the organized left. anarchy would allow them to manifest their politics.
I read the story. And I didn't say "police" in a general way, I said idiot police.
From the early description it sounds a lot like the Randy Webster murder twenty five or so years ago.
i don't know anything about that.
do you think rocha was a "murder" by the police?
I read the story. And I didn't say "police" in a general way, I said idiot police.
An Austin police officer told internal affairs investigators that she fatally shot a teenager during a scuffle because she feared that he had taken her Taser stun gun and was about to use it against her or her sergeant, a source close to the investigation said Monday.
It's idiotic to shoot this person in this example out of fear he "might" do something.
Officer Julie Schroeder said she had been trying to subdue Daniel Rocha, 18, seconds before he turned his back to her and began fighting with Sgt. Don Doyle, said the source, who asked not to be identified because of proximity to the case. Rocha was either crouching over Doyle or lying on top of him when Schroeder fired one shot into Rocha's back below his left shoulder blade, the source said.
He's lying on the other officer's back, she shoots into him, in his back, risking the bullet going through him and killing her fellow officer. Idiotic.
His back was to her, why didn't she crush his freaking head with her club? The reason is because she was in FEAR. This person shouldn't even be a cop.
"Her fear was that he was about to disable the sergeant and that since the two of them hadn't been able to control him, that she wasn't going to be able to do it alone," the source said. "At that point, she really believed that Don Doyle was about to be Tased and disabled and that a weapon either could be used on her or him or both."
She should be in a different profession. It's gender equality gone mad.
From what I've read, their version(s) don't even square with each other. The "witnesses" obviously weren't.
well, time will tell.
this will be a high profile case, and if she is negligent, it will be apparent.
It's gender equality gone mad.
Ain't feminism great?
Easy to find out about with an internet search. The Webster case was described very much like this at first except that the police planted a gun.
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