A defeated bill intended to give homeowners enhanced legal protection if they use deadly force to defend themselves from an intruder would not have applied to the case of a Chesapeake man charged in the recent fatal shooting of a police detective who attempted to enter his dwelling to execute a drug warrant, according to legislators.
Del. W.R. "Bill" Janis, R-Henrico, said his HB710 would apply to homeowners and renters who defend themselves against a person who unlawfully enters a residence.
It would not apply in the case of Ryan Frederick, the man who shot and killed Chesapeake detective Jarrod Shivers on Jan. 17 as Shivers tried to execute a drug search warrant and enter Frederick's home, said Janis, because the police attempted to enter lawfully.
The measure was tabled in the Senate Courts of Justice Committee on Monday by a 10-4 vote.
Janis, who has previously championed the law change, said the bill is intended to give greater protection against criminal and civil prosecution to homeowners who use force to defend their property.
"We say a person's home is their castle, but we don't mean it in Virginia law," he said, explaining that "today the law places the (legal) burden on the homeowner, not the intruder."
- Julian Walker and John Hopkins
Bill proposes road-naming honor for Falwell
Some might call it a highway to heaven.
Pending the governor's approval, the Rev. Jerry Falwell, the late head of Liberty University and founder of the Moral Majority, will have a portion of U.S. 460 named the "Jerry Falwell Parkway." The House of Delegates approved a bill, SB654, to change the name of the road between Monacan Bridge in Lynchburg and Wards Road in Campbell County.
The Senate agreed unanimously when it voted last month. In the House, the measure passed 90-3. The bill now goes to Gov. Timothy M. Kaine.
- Richard Quinn
Cell phone ban for bus drivers approved by House
A bill to keep cell phones out of the hands of busy school bus drivers is on its way to the governor.
SB136 was passed by the House Monday in a block vote with other bills. There was no discussion. A companion measure, HB1218, is before a Senate panel on transportation.
The measure approved by the House and Senate bans school bus operators from talking on a cell phone while driving. The bill doesn't apply when the bus is parked and it doesn't prohibit using
two-way radio devices allowed by the owner of the school bus.
A spokesman said Gov. Timothy M. Kaine will review the bill when it gets to him.
- Richard Quinn






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unionman
Nice try. It was lawful because the police had a warrant. Duh.
If you want to debate the appropriateness of the warrant, fine, do it. Wrong decision? Probably. Bad intel? Looks that way. But if the cops had a properly executed warrant, the entry was legal.
jmo
If Police Do It, It's Lawful
"because the police attempted to enter lawfully"
So, it is now lawful for the police to knock down the door of any law-abiding citizen just on a hunch or the testimony of a questionable confidential informant? Didn't our early colonists go to war with Great Britain over similar "lawful" actions by British troops? You know, folks. History has been known to repeat itself on occasion. No wonder the government wants gun control. How dare citizens be allowed to defend their homes when the black-booted thugs come to "lawfully" kick down the doors of its citizens.
I just don't want to see
a gun on your hip society. I don't want to see or read about anyone going to places like Harborfest, or anywhere else carrying a gun. There has to be some guidelines. Yes, I guess those with a permit for a concealed weapon have jumped through the hoops, but as you said there are many more "criminals" who carry a concealed weapon. I don't have the answer, but I strongly fear unless more gun control is issued and enforced we are headed for serious problems. Anyone caught with a concealed gun without a permit, should be severely punished. If we can get our Judges to enfore it! That's another issue at another time.
Defeated 'intruder' bill
Come knock my door in during the middle of the night and I guarentee I will shoot first and wonder WTF later!!! That is if the dog doesnt get ya first.
Georges is right on one point,
it is not just the bus drivers that are the problem. ALL drivers should be required to use, at a minimum, a wireless earpiece, such as the “Bluetooth” so that both hands can be in control of the vehicle. A phone with a corded head phone would still require the driver to divert his/her attention from the road. As for his comments about concealed carry in an establishment that serves alcohol. The people that have a concealed carry permit are NOT the people he should be worried about. These folks have already jumped through the hoops required by the Commonwealth to obtain said permit. The people who he needs to worry about have been carrying concealed in bars, grocery stores, movie theaters and buses already without a permit. They weren’t waiting for “permission” from the state. I think that’s why they’re called criminals, and I’m not.
Oh Brother!
HRT bus drivers have been warned over and over, and in the past I have reported them myself to HRT officials. It isn't just bus drivers that should be banned from using cell phones, it should be every person driving any vehicle. About the gun contol: A bill is curently being reviewed to allow concealed weapons in bars and restaurants, but they aren't allowed to drink booze. Give me a break! If the weapon is concealed, how in the hell would they know to serve them or not serve them booze? Ban both cell phones and guns! Virginia is going to go back to the Wild West, and Miss Kitty will be behind the bar. Some things just don't make any sense!
Easy on the hate speech
Easy on the hate speech directed against televangelists. And don't you know that Dr. MLK does have a very large monument on brambleton avenue right in the middle of the intersection. You can't miss it.
No one likes to hear that
No one likes to hear that they are doing is wrong. Take yourself for instance. That's a hateful remark you made about televangelists. Do you like it?
WHY?!?
Why on EARTH would we ever name a public roadway after a televangelist? Dr. Martin Luther King spoke of freedom and equal rights for ALL people... he deserves at least a roadway named in his honor. Mr. Falwell's messages are rife with divisive language and hateful speech toward groups of citizens.
Does Del. W.R. "Bill" Janis know the facts?
How could Del. Janis say that his bill would not have applied to Frederick’s case, when it has not been proven that CPD had a warrant for the house? As another poster said, the bill wouldn't apply because CPD's invasion of Frederick’s house took place before the bill. So that's a mute point anyway. I can't help but wonder if maybe Det. Shivers didn't shoot first. I say this because the .223 shell casing found is what the police use in their assault rifles. Has anyone proven that CPD had a warrant for the house or just the detached garage? Was Det. Shivers crawling through the lower panels of the door, or was he standing outside on the porch? The biggest question of all though! Why hasn't Fredericks been given a bond hearing? Maybe Chesapeake Courts need to be investigated. On the surface it appears that the court has error by issuing a warrant and that resulted in the lost of a Chesapeake Detective and ruining the future of Frederick.
Self Defense at Home
One shot, one kill. Shut your mouth until your lawyer gets there.
Self Defense
So, the warrant is lawful because it came from a judge??? Nevermind the fact that the probable cause was from a now demonstrably unreliable confidential informant. Nevermind the fact that the police department's theory that Frederick was a drug dealer with "an extensive marijuana growing operation" was COMPLETELY wrong. Of course this proposal would not apply to Frederick's case because it would have been passed after the fact of the incident. That said, the legal basis for the warrant on Frederick's property may have been legal by the letter of the law, but certainly the intent of the 4th amendment. The tactics employed fly in the face of logic as well.
Cell Phones
Why not have all commerical vehicles go hands free on cell phones.