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Updated 05/23/2006 10:50 AM

Schroeder appeals firing over use of deadly force

By: News 8 Austin Staff

It's been six months since Austin Police Department Officer Michelle Borton worked as Julie Schroeder's partner.

Borton hopes she'll get the chance to work with her again.

Schroeder was fired in November after the shooting death of an 18-year-old suspect named Daniel Rocha.

"I said, 'Daniel Rocha, stay in the car,' " Borton said.

Borton was the first witness in the civil service hearing where Schroeder is asking to be reinstated.

"Based on past experiences, I would expect him to run. I wouldn't expect him to fight," Borton said.

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A re-enactment shows the struggle just before Schroeder shot and killed Daniel Rocha last June. Now, the city has to prove Schroeder used unnecessary deadly force. Opinions on both sides are heated.

A handful of protestors from the activist group PODER showed up.

"We've seen she is not following police policies and she has a history of excessive force that has now culminated in the death of 18-year-old Daniel Rocha. We don't feel we need someone like that out in the street. We are very fearful she could then kill someone else," Susana Almanza of PODER said.

The president of the Austin Police Association, the police union, supports Schroeder and said she has no disciplinary history.

"Some people feel she shouldn't have her day in court. That they're very unhappy about the fact that we're giving a city employee due process is a little bit surprising to me since these people talk about equality and access to rights. She's simply accessing her right to due process," APA President Mike Sheffield said.

Sgt. Don Doyle also testified. He was the third officer on the scene, and was struggling with Rocha when Schroeder fired.

"She did what she had to do based on her thought processes to make sure I went home. Policy may say she should've done something else, but in milliseconds, she reacted," Doyle said.

While Doyle admits he probably wouldn't have fired if he were Schroeder, it was clear he supports her.

"She, obviously, had fear I was in danger. To say what I would've done in this situation, honestly, I don't know what I would've done," Doyle said.

In all, 17 witnesses are lined up, including outgoing Police Chief Stan Knee and Schroeder. The hearing is expected to last through the week.

The Combined Law Enforcement Association of Texas, or CLEAT, is supplying Schroeder's attorney. Once testimony is complete, hearing examiner Norman Bennett will decide on the appeal.