News 8 Austin | 24 Hour Local News | TOP STORIES | M.E. now says Rocha had drugs in his system

News 8 Austin | 24 Hour Local News | TOP STORIES | M.E. now says Rocha had drugs in his system: "M.E. now says Rocha had drugs in his system
Updated: 7/19/2005 8:14 AM
By: News 8 Austin Staff


The Travis County Medical Examiner's office reversed their previous position Monday on the investigation into the police shooting of Daniel Rocha.

The ME now says Rocha did have drugs in his system when he was killed by an Austin police officer on June 16. Original toxicology reports showed no traces of drugs in his system.

'We feel very bad that this happened, but this is a very special case and it could have happened in any other office,' Travis County Medical Examiner Dr. Roberto Bayardo said.

Rocha, 18, was shot in the back and killed after police say he struggled with Officer Julie Schroeder after a traffic stop in Southeast Austin.

The Travis County Medical Examiner's office said APD detectives 'strongly believed' Rocha had smoked marijuana before the incident, and pushed for a different, more specific test.

The medical examiner reported Daniel Rocha had marijuana in his system, which contradicts a previous report.

Austin Police Chief Stan Knee said his department 'is disturbed by the inconsistent findings.'

'Immediately upon being notified of the results, I contacted the District Attorney's office and urged them to seize the blood and urine evidence and send it to a third party laboratory for analysis,' Knee said.

'We are very disturbed, too. Exceptionally disturbed, and we are very glad that we are going to submit the specimens to another laboratory to confirm our findings,' Bayardo said.

The shooting death upset many in his neighborhood. One week after the event, police and city leaders hosted a community forum. For many, it was a night to vent frustrated emotions. The forum is available on News 8 on Demand, channel 1458 on Time Warner Cable.

The Hispanic Advocates and Business Leadership of Austin hosted another panel Monday to try and rebuild that trust.

Police chief Stan Knee and Austin City Manager Tobey Futrell attended the meeting and talked with neighbors.

City leaders say the timing of the forum with the announcement of Rocha's new toxicology report was just a coincidence.

6/23/05 Rocha investigation turned over to DA
6/17/05 APD, city to address community concerns raised in forum
6/17/05 APD answers questions in Rocha's death
6/16/05 FBI will investigate Rocha shooting
6/14/05 Knee speaks out on officer-related shooting
6/13/05 Protestors angry over police shooting of drug suspect
6/12/05 Community groups call for investigation into Rocha shooting
6/10/05 Officer shoots suspect dead"

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Rocha... probably wasn't the nicest guy in town... probably smoked pot. Fine, does that deserve the death penalty? Hell no.

Here's a fact not mentioned in the article nor by the police... Rocha had TRACE amounts of pot in his system. Someone who had recently smoked pot would have about 10 times the amount he had. Maybe if he had been high when he got pulled over, he would be alive today because pot makes one mellow, not violent.

Here's probably the short version of what happened. Rocha, who's had many prior dealings with the police and this particular officer for a while, gets pulled over. The cop suspects that there is probably something else going on, like someone having some weed on them, so she fabricates this "suspicion of marijuana" to validate a search of the vehicle. Rocha correctly sees this as a fishing expedition/harassment, and knows only rich people can really fight the system. So he tries to run away.

Policewoman isn't strong enough to keep Rocha at the scene, and as she is being overpowered, and not wanting to have to chase after Rocha, she shoots him in the back. Maybe she didn't mean to kill him... but she did.

But in order for all this to be on the up and up, this suspected marijuana use which gave rise to the search and altercation, must be supported. Unfortunately for Austin PD and Policewoman/murderer, TRACE amounts of pot means he had smoked some earlier but wasn't under the effects, and would not be noticeable to the keenest of eyes, police or otherwise.

Policewoman needs to be charged for the murder, and waving a report that basically proves Rocha wasn't drug-free, is only fodder for the naive or police-biassed.

Sure, I believe the chief should stand behind his officers and have faith in their abilities... but he shouldn't do so when the evidence clearly indicates the officer is not only in the wrong, but criminally negligent at the least. Policewoman needs to be brought to justice and held accountable, just like everyone else.