Affidavit of Michelle Borton

Note: the affidavit of Schroeder’s car partner that night begins
with descriptions of the drug operation surveillance and identification
of a ‘light colored’ suburban vehicle that had been seen at he
house. While Sgt. Doyle follows the suburban, Schroeder takes
another route in an effort to head it off.

I believe Officer Shroeder put our unit into reverse, onto S. Pleasant
Valley and decided to initiate a stop on the vehicle as it stopped at
the stop sign. Our emergency lights were activated and I believe
I advised Sgt. Doyle on channel 6B. Officer Schroeder positioned
our unit facing the SUV. I got out of our unit and approached the
driver of the SUV with my hands free. It is important to note
that I did not see Officer Schroeder get out of our vehicle and can not
say whether she had her duty weapon in her hand at this time.
While getting out of our unit, the front passenger got out and jumped
over a wooden privacy fence approximately five feet to the south where
the vehicle was stopped. I heard Officer Schroeder say something
to the affect "Stop [C name withheld by editor]." I had my
flashlight shining into the vehicle as I approached the driver. I
began to give verbal commands to the driver to have him show his
hands. During this time I saw the back right passenger. I
immediately knew the subject to be Daniel Rocha and gave a verbal
command for him to stay in the vehicle. I know Rocha from working
Southeast Austin and have encountered/arrested him several times.
Officer Schroeder and I spent 6/8/05 and this day 6/9/05 looking for
Rocha as he was wanted for Felony Theft. While giving verbal
command to Rocha and attempting to watch the driver, I saw Rocha open
the back right door where he was sitting. As he got out of the
vehicle, I immediately observed Officer Schroeder tangled up with him
as it appeared that he was trying to move past her. This
encounter is best described as Rocha attempting to run through
her. I saw Sgt. Doyle run up and begin to assist Officer
Schroeder. I could see them both attempting to gain control of
Rocha, but were actively engaged in a physical fight on the opposite
side of the vehicle. My field of view was limited, but it
appeared at one time that all three were going down to the ground….

Signed and notarized June 10, 2005

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