CHESAPEAKE
City police are examining the way they execute search warrants after an officer was killed last month during a “knock and announce” drug raid.
“Our policy and procedures are being reviewed, but there are no changes at this time,” Christi Golden, a police spokeswoman, said Friday.
Detective Jarrod Shivers was fatally shot Jan. 17 while executing a drug search warrant at a home in the 900 block of Redstart Ave., in the Portlock section of Chesapeake. While police were attempting to enter the home, shots were fired from inside, striking the 34-year-old detective, police said.
Ryan Frederick, the resident of the home, is in jail, facing charges of first-degree murder, use of a firearm and first-offense possession of marijuana. Frederick, in an interview with The Virginian-Pilot, said he fired his .380-caliber gun at what he thought was an intruder breaking down his front door. Police removed the door as evidence in the case.
Special Prosecutor Paul Ebert said he doesn’t buy Frederick’s story.
“I don’t know what he knew,” Ebert said. “The circumstances are that either he knew or should have known they were police officers.”
Narcotics officers announced their presence numerous times that night before anyone attempted to gain entry into the home, Ebert said.
Police would not release the number of times they knocked and announced themselves, but it was more than once before the attempt was made to enter the house, Golden said.
“We never made entry,” Golden said. “We attempted to make entry.”
When executing a search warrant, the majority of the narcotics unit members, about 14 in all, typically go along, Golden said. Ebert said 14 officers went to Frederick’s home, including Shivers, who had a search warrant.
Officers observed normal procedures when serving the warrant, Ebert said.
“From my investigation, from the start, they did what any police unit would do in serving a search warrant,” he said.
Magistrate Timothy Marshall signed the search warrant after finding probable cause . He has denied warrants in the past when there was not enough evidence to justify invading a person’s home, he said.
“We know what we’re doing,” he said Friday, adding that when police seek a warrant, they have to justify the search.
“It’s not something we take lightly,” said Marshall, who has been a magistrate for nearly four years. “We don’t rubber-stamp anything we do in this office.”
Shivers was in the front yard of the home when he was shot, police and prosecutors said.
“It’s not correct that he was at the front door,” Golden said. Golden and Ebert would not specify exactly where Shivers was when he was shot.
Another officer was at Frederick’s door, Golden said. Police have not said if the officers returned fire. Other details, because of the pending criminal case, have not been made public.
“There are a lot of things that have not been reported,” Ebert said. “It’s just a tragedy all the way around.”
Frederick’s attorney, James Broccoletti, refutes the police and prosecutors’ version of events.
Frederick said he fired his legally registered weapon twice before it jammed and he retreated to his back bedroom. He said someone was crashing through the lower panels of his four-panel front door when he fired.
A preliminary hearing May 27 could shed more light on the case that the prosecution has against Frederick. When asked Friday whether he would seek the death penalty against Frederick, Ebert replied: “Maybe.”
It is a capital offense in Virginia to kill an officer performing his or her duty. “That’s under consideration,” Ebert said. “He certainly qualifies under the statute.”
The case is still under internal police investigation and the results of that inquiry will not be made public unless by order of the chief of police or prosecutor, Golden said.
No one has been disciplined as a result of the shooting, police have said.
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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what if i shot the UPS man?
new liberty-its ok to shoot when ur alone. i am home alone with our 2 dogs,just like ryan.my work hours are weird & i sleep at different hours. I'm a female,barely 100lbs and I may have a knee-jerk reaction if awakened by my 'frenzy'of barking dogs from my bed. If i take my gun,fire off a couple rounds 'fearing for my life'because I 'thought it was an intruder'especially after dark. Will I get the same support?When the UPS man delivers a package or those annoying sales people wanting to sell me siding for my home, they BANG on our door because they can't find the doorbell. This is the identical defense minus the marijuana Ryan had, you are giving the shooter. Why then do I feel like I wouldn't have the same support? It's because you hate cops-thats why.
Ludicrous
To Harlye54682. Okay, it's obvious you hate Republicans; but political affiliation has no bearing on this case.The ills of the world are not due to Republicans. Your statement about political affiliation is just ludicrous.
Commonwealth's Attorney hiding
The reason the Commonwealth's Attorney (Nancy Parr, Republican)is not prosecuting this case is because she knows it stinks also and she wants to get re-elected...simple politics..it is time to kick Republicans out of local offices in November...MAKE SOME NOISE!
this is getting old
Where's the police video? You mean to state for the record you guys didn't video an important bust like this? I don't get it. I'm forced to belive evidence is being withheld or misrepresented. Why such high powered prosecution? This boy is not the DC snipper...
Something Stinks in Chesapeake
Interesting how the police story keeps changing. First, Det.Shivers was in the front, at the door, and now he's in the yard. What's next, he was down the street sitting in his car?
Neighbors who witnessed the SWAT raid on the house said that the officers did not announce themselves. I suppose they are lying? What was the reasoning behind such a overzealous, overkill SWAT raid?
Ryan had NO reason to start a shoot out with a whole SWAT team. He had a small amount of personal use marijuana. Yes, still illegal but a simple charge that would most likely involve fines and community service. Not a drug "fiend" nor a drug lord. But ridiculous to think he was protecting this "large" stash from the cops and was about to take on the 14 officers outside in a gun battle to the death.
It makes MUCH more sense that events happened exactly how he and the neighbors described. They kicked in the door without announcement, the detective was shot when the defendant was woken up out of sleep by frenzied barking of his dogs,his front door being bashed in by intruders and he went for his gun in fear for his life.
This is disgusting
I can't believe these comments.U thrive on conspiracy theories.I'm no expert but common sense is the neighbor is smokin wacky weed or is just an idiot.Any normal person would know:no sirens is because sirens from a distance coming closer gives...I won't even explain,unless ur that stupid.It's the type like Shiver's that do this work,not sissy types,so don't c ur point there.Poor Frederick is the'victim'?.Besides the rich-n-famous who gets targeted for break-ins more than once?..hmmm DEA cops put their lives in jeopardy as do uniform cops-U ppl pay their salaries then criticize them until u need them.next time u need help,call mr mcreynolds,he'll be on his porch-2 doors down..Thank You CPD-a citizen
Dfwdabull
Nice twist, imagine that shows like CSI, Law and Order and The Shield were like the real world. Your post makes little sense. This is why your post is pointless. I will play your theory game and lets say Ryan's house was the wrong house, I agree he might be out. The truth is the Police had the right house as it was described in the warrant. A magristate, who is an unbiased independant party issued a search warrant, with probable cause and not an arrest warrant. Now play another theory game because if you want to be fair. Lets say Ryan's garage was broken into three days prior and said unknown suspect took Ryan's plants(which is why he did not rpeort it), left the containers and all growing material because who needs that. Now Ryan is pissed off because he lost his winter weed grow before spring. Here is another one, Ryan told to many people about his grow operation! These are just speculations with no factual base. I did see your point but, felt it was off base.
Rodney King?
Some of you will remember the Rodney King incident in LA a number of years back in which a group of officers (mostly white) pulled Rodney King from the vehicle he was driving and beat him repeatedly with kicks, billy clubs, and fists. Unfortunately for the officers involved, there was a camera rolling that they were not aware of.
What is the similarity? Police are NOT always honorable, by the book, or even operating legally when they think there's nobody watching. I've been following this case here and on a number of other discussion forums, and one thing keeps coming up over and over: why did this warrant get served in such a manner?
Why did the police not wait until Mr. Frederick was leaving for work or returning home? If this was a "knock and announce" warrant, wouldn't it make more sense to execute the warrant during hours when the occupant(s) of the house were more likely to be awake? Maybe it was carried out by CPD policy, but it went VERY wrong on the night of Jan. 17th, and many lives have been affected. Too bad cameras weren't rolling!
The Shivers death is a result of Poor Management within the CPD
And Chesapeake Officers on the street wonder why the public is less supportive and cooperative. This tragedy is the direct result of severely poor management at the CPD. Definitely Some high ranking officer who okayed this silly "raid" needs to be disciplined and the procedures used by the CPD needs to be reviewed and changed so that busting down doors is only done when lives are in immediate danger or when what is to be gained from busting down a door is worth more than a life. Trust me, if police departments are too stupid to use their powers wisely legislation will be enacted to rein them in. There are bills under consideration that limit door busting raids to only situations where lives are at stake. Personally I believe this was a training "raid" where the swat team tries to do at least a "raid" every other month to practice their tactics. To police officers everywhere, can you honestly say you want your door broken down? If not then you understand the public's outrage. If you think breaking down a door for relatively minor offenses is okay then you need to work for world mercenary thugs where you can work out your aggressions and general hatred of people.
The Drug Legalization Crowd
Be honest folks, the only reason some of you are supporting Frederick is because you have a hidden agenda of drug legalization! Give it up pot smokers, this guy shot because he thought someone was coming to rob him of his drug money!
Capital Murder!
Ryan Frederick will be charged with capital murder. You can bet you house on it. The penalty for this I believe is death. The prosecutor will try to scare Frederick into making a plea so that they won't have to take this to trial. Hopefully, the defense will see thru this tactic.
LOSING SIGHT
I have read most of the comments and the things people write make many others wonder why things have become the way they are.
First- The person did have drugs reported on his property as reported
Second- He shot at a person. If he saw him, then he would have seen the police issue markers, if not he shot blindly at a person who he had no idea if they were armed or not in the protection of his property. Wreckless and would be torn apart by any court system
third- No matter what your belief is, MJ is still illegal. Maybe it would be ok form him to sell a little pot...well until it is your 12yrld daughter sitting there getting stoned with this guy. All the neighbors think he is nice.
fourth- i don't know the police there so i will not comment weather they are currupt or not. I will say most police that do questionable things will get torn apart in court.
fifth- 1st degree? Well it might be written into law to act as a deterence for drug dealers to try to serve the police who are out there risking themselves to try to keep these things from happening in your NH.
sixth- maybe this adult was a mild offender and now faces charges no one would ever want to face for the most. He acti
screwed up cpd
For anyone who want's to see the article's again from the pilot, put Ryan frederick, or jerod shiver's in the search box. One particular article say's officer shiver's was going through the door.(Jan 23?) Keep in mind, I am not, nor are most people underestimating the death of this officer.We just think it's a disgrace at the way this whole thing was handled and not investigated more, instead of word of mouth from a convict, how his life could have been saved, and how we believe Ryan was using and protecting his right's as a citizen. Except Ryan didn't know that CPD play's by dirty tactic's and cover up's. By the way, have people been sending messages to Bill O'reilly? I do believe that Ryan will get off from this, we as a community need to continue to support him. I have had one deputy's wife and 2 cop's wive's and 1 cop tell me that they think the department could have handled thing's differently. Ryan has James Brocceletti as his lawyer, that makes me feel at ease. Let's hope his bill's keep getting paid so he can keep his family home for when he his released he won't lose that to. Please people donate to
http://www.myspace.com/ryan_frederick
Let's make sure he does not
Better protect this guy
IS THIS GUY STILL BREATHING???
“This kid down here, he was not selling drugs,” said Jon McReynolds, a neighbor two doors down who heard police enter Frederick’s home.
“I heard a bam,” but no warnings from police, McReynolds said. “There was no police sirens, nothing.” Standing on his porch Wednesday and pointing to the spot on the sidewalk where emergency crews tried to save Shivers, McReynolds said nothing adds up in his mind.
search warrants
Here's a link to the pdf files for the search warrants for all that missed them or forgot:
http://hamptonroads.com/2008/01/informant-told-police-frederick-was-growing-pot-garage
Have a great day all...
The day's of the good ole trusting cop are over.
I think the TV show COPS had a lot to do with the decline of the integrity and honor of Police departments around the country. The show seems to glorify sarcastic, arrogant and aggressive officers. That has led to small time little city cops like those in Chesapeake to think that every citizen they come in contact with are gang members or dangerous criminals. The truth is that very few of the citizens the cops come in contact with would do them any harm even if they could. The citizens are the ones that pay these cops salaries and I really don't like it when someone that suppose to be working for me acts that way towards me. Fact is, Marshall screwed up by issuing a warrant. Shivers and the other CPD officers that invaded his house and started destroying his property were using un-necessary force and over reacting to what should have been a non-event issue of a warrant on something that was only a misdemeanor. Instead the over reaction of the CPD and courts caused the situation to turn into an officer loosing his life and a young man's future to be ruined. Face it PD are the last one's to show up at a crime. I stopped trusting the PD years ago.
This is just wrong,plain and simple!!
This is just wrong,plain and simple!!! This young man is being railroaded by CPD.Shouldn't these detectives done a little research first? Not just take a tip from an informent.They thought this young man was running a grow opertion, did they check the electric and water bills?I'd say "NO" because the electric bill would have been more then the average for that size home.Did they compare these bills to past bills?This seems simple enough.Maybe Chesapeake should take some lessons from Virgina Beach PD
them seem able to find grow opperations with out problems,no one gets killed,nobody stands trial for capital murder......
FOAMING AT THE MOUTH
What a bunch of idiots...
"No knock?"
Here's the link to the search warrants:
http://media.hamptonroads.com/media/content/pilotonline/2008/01/shiverssearchwarrant.pdf
I don't see any mention of requirements for the officers to announce themselves or not, so I'm not sure where this no-knock thing keeps coming from. Also the warrant was for the whole property, not just the garage.
I'm fascinated by the ever-evolving official version of this incident, though. At first it was very straightforward - Shivers was shot entering the home. That's consistent with other police saying he was always the point man on raids like this.
The he was shot before he had tried to enter. Now he was shot in the yard?
Chesapeake's got some credibility issues here.
Board mess
Here's the case information cleaned up because the way I type it is NOT the way it showed up the last time:
COMMONWEALTH OF VIRGINIA
v.
JOSEPH LEE DOLMOVICH
Record No. 0451-99-1
MEMORANDUM OPINION* BY
JUDGE DONALD W. LEMONS
JULY 6, 1999
Here's another
Here's another example (but from Kansas City):
A federal magistrate in Kansas City, MO, ruled late last month that police illegally searched a drug suspect's home because they used a no-knock warrant without justifying the need for one. Police are normally required to announce themselves, knock on the door, and wait a reasonable amount of time for an answer. Exceptions to the rule require specific justifications, such as a suspect's violent past. But police testifying in the case told the court they routinely obtained no-knock warrants to protect officers and gain the element of surprise -- not because of specific fears.
No No-Knock, really???
To Rich3221,
You suggest we don't know much about police work; that may be true, but we can smell a rat. That I can guarantee you. You state that there is no such thing as a NO-KNOCK WARRANT in Virginia, but there sure is a great deal of case information from the Circuit Courts (of VA) to the Supreme Court (of VA), and all the way up to the US Supreme Court. Here's one example:
COMMONWEALTH OF VIRGINIA
MEMORANDUM OPINION* BY
v. Record No. 0451-99-1 JUDGE DONALD W. LEMONS
JULY 6, 1999
JOSEPH LEE DOLMOVICH
Search that case and tell me that there is no such thing as a No-Knock Warrant.
and the story keeps changing...
Do they think the public is THAT stupid to believe a new statement, and forget about the old ones?
THE FACTS are not what someone says they are NOW, they are the FACTS of what ACTUALLY happened.
This whole case reeks of cover up. REEKS!
IF there is a police cover up, then those in the 'brotherhood' need to ask themselves how they would feel if it were them and their wife/kids were left burying them...with nothing from the CPD except a cover up. Is THAT justice?
The original reports from police statements said they recovered pieces of a broken through door, a ram, bullet casings and other things. They also said Det. Shivers was the one breaking the door down. I read the reports just like all of us here. The pilot should RE-POST the articles from day one in chronological order. Unedited of course.
The CPD is digging a hole for themselves. Anyone hiding information will be brought to justice eventually if this case gets investigated by any other entity. Watch out...it's coming.
neat
Gotta love it when a man who is contemplating murdering another human being tosses around the word 'maybe'. Then again, can you really expect better from people who'll freely discuss Frederick's actions that night, but will never release their own study and review to the public.
In so far as the words 'really in the yard' well, under Virginia law, he was 'really inside the residence' as a front porch is included in the legal definition of the term 'residence'. Funny how the laws get written sometimes.
INGRATES
The majority of those among us spewing out assumptions and casting out blame in a vacuum below will never know how Chesapeake Policemen must feel to put their live on the line daily for such a group of ingrates.
I concur with previous statements regarding the irresponsibile reporting of the Pilot. They have become 3rd party for information from the bottom of the gene pool...why not just pull the pin on a stupid grenade and toss it in a room.
A court of law will establish the details of the case and determine the fate of the defendant. The law of natural selection can't happen quickly enough in South Norfolk. The decent portion of the population there must be standing silently by in shame.
More and More this sound like a replay of the Grandmother
in the Atlanta who house was stormed by police via a no knock warrant, she protected her home by shooting at them with a shotgun and she was murder by the police. Those officers were charged with murder. I hope Mr. Frederick stays strong and realizes most of the public is on his side.
I Just Gotta Say
I Believe if that kid knew those was Police officers outside his door he would not have fired simply because he didnt really have anything to hide.
All of these comments just
All of these comments just show how little the general public knows about police work. If I had the time to point out line by line how these posted comments make no sense I would. However I don't so I will just point out a few. There is no such thing as a no knock warrant in VA. Price you are lying. Also every person on an entry team does not need a warrant and no one person is always "first through the door" I believe the comments made were that he liked to be first through the door. Most of you just like to pump things up and scream conspiracy when there is none. Also the VA Pilot is very misleading. The CPD is doing a comprehensive review of all policies and procedures department wide and it is not due to Det. Shivers' incident. It is misleading to state they are specifically reviewing search warrant policies and that it was because of that incident. It is very irresponsible of the pilot to state such.
Let it be a lesson
This is what happens when your a small town local police force trying to act like SWAT.
No cop should be bustin down doors unannounced.
I support Ryan cause he was sleepin I'd done the same thing.
Wearing a badge does not constitute the right to intrude on a persons residence.
Obviously they dont have that much drug evidence against him so they're playing the murder charge.
This dept needs to be investigeted.
knock and announce
One of the first reports of this that I read stated that a neighbor 2 doors down said that she was on her front porch when it all happened and she stated that the police said nothing. Why havent we heard anything more from this witness was she told by CPD to keep her mouth shut. HMMMM. I'm glad I dont I live in chesapeake.