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Special prosecutor named in killing of Chesapeake officer

Posted to: Chesapeake Crime News Shivers shooting


Paul Ebert, center, speaks in Virginia Beach on Nov. 24, 2002, after a jury recommended the death sentence for D.C.-area sniper John Allen Muhammad. (Steve Earley | The Virginian-Pilot file photo)



CHESAPEAKE

The man who prosecuted one of the Washington-area snipers has been appointed to handle the case against Ryan Frederick, who is accused of killing a police detective.

Chesapeake Commonwealth's Attorney Nancy Parr said Thursday that she requested a special prosecutor because her office worked closely with Detective Jarrod Shivers. Parr sought an outside prosecutor to avoid any perceived appearance of conflict or bias by her office.

Paul Ebert, the commonwealth's attorney from Prince William County, was appointed. "I'll probably be the lead prosecutor, but I'll probably have someone assist me," Ebert said Thursday.

The Northern Virginia prosecutor has handled a number of high-profile cases - including the prosecution of D.C.-area sniper John Allen Muhammad, who was convicted and sentenced to death in 2004 after the trial was moved to Virginia Beach.

Frederick was scheduled to appear in court Monday to ask a judge to be released from jail on bond. That hearing could be delayed, Ebert said, because his staff may not be available to travel here.

Frederick, 28, has been held without bail since his arrest following the Jan. 17 shooting of Shivers, 34, a father of three.

Frederick is charged with first-degree murder and use of a firearm in the shooting. While in jail this week, he was served with a new charge of first-offense possession of marijuana, a misdemeanor.

Shivers, an eight-year police veteran, was shot while executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave. Police said Shivers was attempting to enter the suspect 's home when "shots were fired from inside the residence," striking the detective. Frederick has said he did not know it was police kicking in his front door and fired his .380-caliber handgun at what he thought was an intruder.

Police were at the home based on information from a confidential informant who told them Frederick was growing marijuana in a garage behind the home, according to a search warrant.

Ebert said he has scheduled an appointment with the lead detective in the case. He heard about the case while in Hampton Roads during weekend fishing trips.

Ebert, a prosecutor for 40 years in Prince William County, said he doesn't know whether the case will be moved out of Chesapeake.

"That always depends on the amount of publicity. Generally, it depends on what the defense's position will be," he said. "I doubt the commonwealth will ask for a change of venue, but the defense might."

In 2001, Ebert was a special prosecutor against former Chesapeake Mayor William Ward, who was charged with assault. The charge was dismissed after the mayor apologized and agreed to seek anger management counseling.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com ecutor has handled a number of high-profile cases - including the prosecution of D.C.-area sniper John Allen Muhammad, who was convicted and sentenced to death in 2004 after the trial was moved to Virginia Beach.

Frederick was scheduled to appear in court Monday to ask a judge to be released from jail on bond. That hearing could be delayed, Ebert said, because his staff may not be available to travel here.

Frederick, 28, has been held without bail since his arrest following the Jan. 17 shooting of Shivers, 34, a father of three.

Frederick is charged with first-degree murder and use of a firearm in the shooting. While in jail this week, he was served with a new charge of first-offense possession of marijuana, a misdemeanor.

Shivers, an eight-year police veteran, was shot while executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave. Police said Shivers was attempting to enter Frederick's home when "shots were fired from inside the residence," striking the detective. Frederick has said he did not know it was police kicking in his front door and fired his .380-caliber handgun at what he thought was an intruder.

Police were at the home based on information from a confidential informant who told them that Frederick was growing marijuana in a garage behind the home, according to a search warrant.

Ebert said he has scheduled an appointment with the lead detective in the case. He heard about the case while in Hampton Roads during weekend fishing trips.

"I don't know a lot about it," he said. "I think I did see it in the news, " he said.

Ebert, a prosecutor for 40 years in Prince William County, said he doesn't know whether the case will be moved out of Chesapeake.

"That always depends on the amount of publicity. Generally, it depends on what the defense's position will be," he said. "I doubt the Commonwealth will ask for a change of venue but the defense might."

In 2001, Ebert was a special prosecutor against former Chesapeake Mayor William Ward, who was charged with assault. The charge was dismissed after the mayor apologized and agreed to seek anger management counseling.

 

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com



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Why Doesn't The Commonwealth Want To Be Involved?

Interesting that the Commonwealth Attorney has refused to be involved. Does the commonwealth in Chesapeake not prosecute crimes such as assault on an officer, attempt murder of an officer? What types of cases committed against police are deemed not to be prosecuted by the Commonwealth Attorney because of their close relationship with the police? Does the Commonwealth Attorney feel they would be zealous in the prosecution since an officer was involved, or are they aware of something most may not be, or are they just not capable of prosecuting such a case? Just wondering if anyone has any answers to my questions.

Speaking of Relevance...

I was looking at the pics of the Suffolk bust. I mean, there was growing lights, trash bags of pot, humidifiers. The Suffolk house itself was overflowing with equipment used for a major growing operation. In Chesapeake "maybe" the huge stash is under the house, in a secret bunker or under the garage. "Maybe" he was working in the tunnel between the house and garage. These high level criminals have high technology to use against and foil highly trained police departments. "Maybe" the informant saw an underground stairway? A lot of speculation, and questions from a public that is just waiting to see pics and videos from the crime scene showing this "huge" grow operation. All in all, the Suffolk bust went quietly.

Relevance?

As a police officer I would hope that CareerCop would rely on facts and not promote speculation. Adding 'what ifs' to any situation can create doubt. I would say the Mr. Careercop had just displayed to all of us why so many people find fault with procedures used by law enforcement. You sir have abandoned justice. As you know, your statements hold no weight in court but can only work in your favor to sway public opinion. In addition, based upon your 'what ifs', we would all have to write down what we do throughout the day while expaling why we did what we did. We would then have to hope everyone else thought what we did was plausible or normal. Many of us mourn the loss of life, but I think just as many mourn the loss of our rights and protections under the law. Your comments are the tip of the iceberg.

Officer Killed in the Line of Duty

The tragic death of Det. Shivers is being made even more tragic by rumor mongers. Operating with limited information they are condeming a fine officer and fine police agency. The police dept, respecting the right of the subject to a fair trial, refuses to try the case in the media. Apparently no one understands probable cause or the dangers in police work. Probable cause is just enough information to cause a "reasonable" person to believe a crime has been committed. This isn't enough to prove guilt beyond a reasonable doubt. According to what has been reported, the police were at the house to serve a search warrant for growing pot not just possession. The warrant was based on info from a reliable informant. Most info for drug cases is from people who have some knowledge of the offense and with some rare exceptions these people are not church deacons. Police must testify, under oath as to the reliability of the person before an independent magistrate to obtain the warrant. Sometimes nothing is found because between the time the officer gets the info, makes required checks for verification, writes the affidavid, goes before the magistrate, obtains the warrant, gets everyone

"And who in the hell is paying for this high profile attorney.."

"And who in the hell is paying for this high profile attorney, our tax dollars?"

Ummm . . . Absolutely yes. As the Commonwealth Attorney for Prince William County, Paul Ebert is already an employee of the state and therefore already being paid with our tax dollars.

Instead of working in Prince William County while this trial is going on - he'll be working in Chesapeake.

Its exactly like working out of a different office of the same company. That other office doesn't pay you another salary on top of your normal one just because you aren't working out of your home office!

The only additional money that it will cost to bring him to Chesapeake is transportation, hotel and perhaps a food allowance.

Minneapolis, December 17, 2007

This same scenario just happened in Minneapolis before Christmas. The SWAT team kicked down the door of an Asian man. He, thinking they were gang members intent on doing him harm, fired his shotgun through the door, striking the officers in their vests and helmets. The SWAT officers returned fire, but missed. The homeowner was briefly detained but later released. The next day, the Minneapolis police chief apologized to the family for the botched raid. Gee, a police chief with integrity. Too bad, Chesapeake can't claim the same. Instead, they call in the hanging DA. Anything to cover up their incompetence. One innocent police officer is dead because of higher up's incompetence so they seek to murder another innocent man to sweep everything under the rug.

Special Prosecutor

The appointment of a special prosecutor is so that an inhouse or staff attorney from within Chesapeake is not assigned to case. An attorney who by the way may have worked with Inv. Shivers and his fellow Narcotics investigators on multiple cases. The appointment is to remove any appearance of impropriety or to negate any claims that a Chesapeake prosecutor is attempting to curry favor with the department by aggressively prosecuting the suspect. Ponder this: why is it that Mr. Frederick while supposedly frightened to the point he put his gun closer to the bed than his telephone never apparently reported the earlier breakin to the authorities? Perhaps he had more to hide than he lost in the breakin? For whatever reason keep this in mind: Perhaps Mr. Frederick didn't know it was the police, instead he thought it was someone who knew of his activities(illegal?) and he feared that they would not exercise restraint and just hurt (shoot)him and take what they wanted. But hey let us just wait for all of the facts and than decide. Novel idea huh?

Email or Call the Mayor's Office

Mayor Dalton S. Edge
3113 Sherwood Drive
Chesapeake, VA 23322

Contact Numbers:
Home: (757) 421-9411
Fax: (757) 421-3176
Ph. Mail: (757) 382-6974
E-mail: dedge@cityofchesapeake.net

If you are really a CONCERNED CITIZEN MAKE A CALL

My wife actually worked with Ryan about 5 years ago at the Virginia Beach Hotel and Conference Center and has nothing but good things to say about this kid - I met him a few times when picking her up from work - This kid is one of the most descent young men I have EVER met. Met me with lots of Yes Sirs! and Yes Ma'amed my wife all of the time. He would always help out at work beyond what a normal employee would be asked to do. If any of you spent 5 minutes with this kid you would know what I am talking about. Ryan doesnt really have any family - I think he has a Aunt in the area that is by no means "well off". If you people really care about Ryan's future and the future of our local governments and justice can you please take a minute to make a phone call or send a fax telling the Chesapeake Commonwealth Attorney's Office EXACTLY what you feel? I have provided the information below: or please call or email the mayor of Chesapeake - we need to get the word out!!! Please help Ryan!!!

COMMONWEALTH'S ATTORNEY Nancy G. Parr
General District and Circuit Court Building
307 Albemarle Drive
Suite 200A
Chesapeake, VA 23322

Phone: (757) 382-3200
Fax: (757) 382-3227

May

A change of venue

Most people that i have talked to about this case, Mr Ebert probably wouldn't want on his jury..Wouldn't be surprised if the prosecution wants the change of venue here, no matter what they are saying now. The city brought a prosecutor from out of town, so why not host the trial elsewhere as well. Sounds like they are hoping the defense will ask for one, so they won't have to. Especially since it is being mentioned by the prosecutor first.

I agree...if this was

I agree...if this was straight forward and by the book, why is tax dollars being spent for a high profile lawyer. The young man made a mistake and will pay for the rest of his life. Killing someone in self defense or by accident is hard to live with...you have taken a life. He is not a COLD BLOODED KILLER...why treat him as one. I believe that someone gave bad information and the police acted without proper evidence. I know for a fact that a well known South Norfolk Drug house on Bainbridge has been reported several times and nothing comes of it. One should ask themselves, Why isn't the SNPD raiding that house?

If you paid attention the

If you paid attention the review isn't because of the shooting but because the police department has wanted it even before the shooting. As stated at the release, it's not because of the shooting! They stated that specifically for people like you! Which leads to my last comment about people making comments that are incorrect.... it's ok, we forgive you!

Smells like a railroad job. Chesapeake knows

they are probably going to get their pants sued off by the cop's wife and the supposed "murder," hence the "review" of procedures. This case is going to make national headlines. I hope this boy gets a good lawyer.

To all

The whole situation plays out with alot of emotion. Each of you are entiitled to your opinions. The question you must ask your self is, Were you there? Was it you sleeping in that house? Was it you knocking on the door "Shouting Police"? Can you say for a fact that Fredrick wasn't growing marijuana? Can you say for a fact that the police did not knock/announce? Both the prosecution and defense will not lay all their information out to the media until the date for discovery has passsed. Even then I could see a gag-order issued from the judge. Do you remember Richard Jewel, the supposed Olympic Bomber? The FBI was wrong. On the other hand remember the lady who drowned her own kids and begged for their return on camera. If you really want to know the facts just have seat at the trial.

Hey Rose, I read your

Hey Rose, I read your comment and I just wanted to say the true facts won't come out until court. Thats the way it is, some of us wish they would put them out rather than listen to the stupid comments. They're not going to! The media says one thing and someone else says another... Where do people come up with this stuff... It's amazing! Someone commented something about the police whispering! I know a lot of cops and they don't whisper when they show up! They want to be heard. I'm sure someone will have something to say about this comment but the truth is comments are like .......! Everyone has one!

Waiting & Praying..

..that justice and truth win this tragedy in regard to the young man's life and that of the officer's family. In closing, has anyone seen the video footage and pics of the Suffolk "pot bust"? I for one will not be planting any japanese maples this spring.

Deipnosophist

Deipnosophist, You must have a better way to handle things!! Please give your advice since you seem so intelligent. Since your commenting on SWAT, what advice do you have! Can't wait to hear how stupid it is!!! Your last comment was just as stupid as what your about to say! So you maybe you shouldn't respond!

Moving the venue

to a hang-em-high kangaroo drug court is a way for Chesapeake to try to wash its hands of responsibility for destroying two lives and tearing apart the families of each victim. These crazy cities with paramilitary SWAT and SOT teams are signing on to the immoral drug war as a way to play Army here at home. If the police want to play Army, they should join Blackwater and go to Iraq and destroy someone else's country.

Justice?

Just because they is a trial will not mean the truth was revealed and will definitely not mean justice is served. People who make such comments are incredibly naive. Even a person who receives a simple traffic ticket can't really maintain their innocence or be proven guilty in court. The cop makes the call and it's your word against theirs. You get what the judge's mood, attitude, and biases dole out. The truth doesn't matter one iota!

well

Due Process Guys
Cop killers, when they commit murder because the victim is a cop, rightfully deserve the death penalty.
Someone brought up the use of a firearm in the commission of a felony. Given what Frederick has stated he is guilty by his own words. He was unable to identify his target, and could reasonably flee for his safety. Whenever you can do something besides shoot blindly you are required to do so. Someone that believes they just brandish a weapon and shoot into the dark is asking for their freedom to be taken away.
Frederick could have stated he was armed and would use deadly force if the "intruder" did not comply. At which point he would have learned the id of the police.
If the cops were servicing a warrant, they should have announced themselves. They were on private property and clandestinely trying to do their job. If they were doing their job honestly I believe they would be correctly doing it to have covered all possible egress from the structure and announce themselves.
Who knows the real truth? The police are capable and most likely will cover their own, they allows do. Frederick will do the same. It' human nature, but we have due process to fal

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