Austin.YNN.com

Austin / Round Rock / San Marcos

Change region

  90º

Updated 06/15/2005 10:28 AM

Knee speaks out on officer-related shooting

By: News 8 Austin Staff

Friends of Daniel Rocha created a memorial where he was killed.

Their fond memories are quite different from some of their neighbors.

"They're saying he was a kid, an innocent kid. They depict him as a model citizen, he wasn't that at all. He was a predator," a neighbor who wishes to be anonymous, said.

The neighbor says Rocha broke into his home last year.

"He was a little thug and respected on the streets, if you know what I mean. A scary individual," he said.

Rocha was shot to death late Thursday night by Austin Police Department Officer Julie Schroeder.

On Tuesday, her boss, Police Chief Stan Knee addressed the public for the first time since the shooting.

"Officer Schroeder is quite upset over the incident. You train for something like this. Most officers go their entire career without using deadly force and certainly she's feeling the impact," Knee said.

  To view our videos, you need to
enable JavaScript. Learn how.
install Adobe Flash 9 or above. Install now.

Then come back here and refresh the page.

Knee won't say whether or not Schroeder made the right decision, but he does defend her right to take action.

"An officer has the right to go home at night. An officer has the right to protect themselves and to overcome resistance to arrest," Knee said.

Rocha family attorney Bobby Taylor feels a little differently.

"I think every police officer has a right to go home at night, and I think every civilian has a right to go home at night. Police officers are civilians who have special duties, special responsibilities. But that doesn't mean you kill somebody to assure yourself the right to go home at night," Taylor said.

Schroeder acted out of line, Taylor said.

But police say she had few choices. Her Taser gun may have been kicked out of her belt during a struggle.

"You don't shoot someone in the back when they're laying on the concrete, saying 'I don't have a gun,’ " Taylor said.

The investigation should be complete in two weeks. At that point, it will move forward to the district attorney's office once witness statements are confirmed and complete for a grand jury review.

Rocha's death is the fourth for APD since 2001. Chief Knee said it's not a big problem, saying there were 40,000 arrests in Austin last year, with only two instances that included deadly force.

Autopsy update

Daniel Rocha did not have any drugs in his system at the time of his death a report from the Travis County Medical Examiner's Office says.

The toxicology report was released Wednesday morning.

There were negative tests for amphetamines, barbituates, marijuana, cocaine and opiates.