The Virginian-Pilot
©
CHESAPEAKE
A grand jury will hear the case against Ryan Frederick, a 28-year-old Portlock man accused of killing a Chesapeake detective during a drug raid.
Judge Thomas M. Ammons III, a retired judge from Virginia Beach, found sufficient evidence Tuesday to send charges of first-degree murder and use of a firearm to the grand jury. Prosecutors withdrew a misdemeanor possession of marijuana charge against Frederick but said they plan to seek a felony drug charge against him later.
Meanwhile, an internal police investigation into the raid has been completed and is being reviewed by the police chief, said Christi Golden, a police spokeswoman. Police said that report will not be released.
Frederick, with friends and family seated behind him, remained silent throughout the preliminary hearing in Chesapeake General District Court. He is being held without bond in the City Jail.
He is accused of killing Detective Jarrod Shivers, 34, on Jan. 17 while police were executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave. in South
Norfolk. Police said two shots were fired from inside Frederick's home through the front door as officers used a battering ram on the front door.
"No officers fired any shots," said Detective Kiley Roberts, the prosecution's sole witness.
One shot hit Shivers as he stood on the front steps of the home. Shivers' job during the raid was to protect the "breacher" by covering any doors or windows, Roberts said.
Police had two separate entry teams when they went to Frederick's home at 8:30 p.m., Roberts said. One team was to enter the home while the other was to simultaneously enter a detached garage.
A confidential informant told police Frederick was growing marijuana in his garage. Police, however, found only enough marijuana to charge Frederick with simple possession.
Frederick, in a jail interview, said he fired at what he feared were intruders.
Roberts, who heard a dog barking inside the house, said police knocked and announced themselves. Roberts said he personally "knocked and announced," four times in intervals of three to four seconds, yelling each time: "Chesapeake police! Search warrant! Open the door!" He said other officers announced themselves as well.
"You have these officers beating on the door, announcing their presence for a period of time," said Paul Ebert, a special prosecutor brought in from Northern Virginia to handle the case. "Not once, but for a period of five times."
At some point, police began to yell "eight ball," a code meaning the raid had been compromised and that the individual inside the house knew of the raid, Roberts said.
The battering ram went through the lower right side panel of the door, Roberts said, but the officers involved in the raid never went inside the house.
The SWAT team was called after Shivers was shot. After several minutes, Frederick surrendered.
"He came out with his hands up to the side," Roberts said.
James Broccoletti, Frederick's attorney, argued that the prosecution could not show that his client's actions were willful, deliberate and premeditated - as is required to prove first-degree murder. At most, he argued, the case is one of involuntary manslaughter.
"The shots were only fired after the door had been breached by police," he said. "The defendant responded in that fashion as a result of what he perceived as an armed invasion of his home. He fired as a result of that to protect himself."
The preliminary hearing offered little information about the confidential informant.
"It will come out in the next hearings," Broccoletti said.
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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sometimes 750 words is not enough
Which is why I tend to avoid your moderated and edited comment system and stick with the Daily Press.
Why is it that everyone keeps going back to "yeah, but it was the police, not intruders." How many times must it be said. HE DIDN"T KNOW THAT. Just last week criminals kicked in the door of their victim's home in North Carolina while yelling "Police". Google "impersonating police" it happens all the time.
I agree that one should be sure of your target, but you are assessing the situation from the comfort of your easy chair, with no uncertainty about what was going on, no dogs barking and confusion, no adrenaline etc etc etc. We are in no position to judge his actions. He was doing what he thought necessary to defend his home against UNKNOWN invaders. That should not be a crime.
It's Just my opinion
I agree, everyone is innocent until proven quilty. And everyone is entitled to their opinion regarding this case, as in any other. However, I feel that you should identify your target before firing a weapon. My opinion, I can't believe that at 8-8:30 at night that he would have been that out of it that there was no other option than to start firing through the door. The police were not "assailants." They were law enforcement officers trying to execute a search warrant. I really can't believe that people are comparing the police to nazi's and such. That to me is beyond comprehension. What if the bullet had missed Det. Shivers and struck a neighbor across the street? Frederick would still be held accountable for that action. Again, I keep going back to identifying your target. Honestly, I don't think that he will be convicted of 1st degree murder, but I do think he should be held accountable for the death of Det. Shivers. There's other statutes which could apply in this case.
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Barking dogs in the night
Frederick testified that his dogs were barking during all of this. I have two small dogs, who always bark when our door is knocked on. The commotion and noise they make just about make it impossible to hear anything else. If Frederick's dogs were barking as loud as mine do, there is no way he could have heard the police announce anything. Add to that the confusion of being woken up by all the noise....
throwing the BS flag
"....HOW AM I SUPPOSED TO FIGURE OUT that this is the police when they act like armed robbers?" The first thing I would suggest is to look out the window (if you can).
In the dark...with dogs barking...after being awoken from a dead sleep...after having had your house broken into just a few days ago...with adrenaline roaring through your veins and the "fight or flight" instinct in full blossom...AS YOUR DOOR IS CRASHING IN...you expect someone to take the time to calmly walk to a window, look out (making a beautiful target of himself) to assess the situation before defending himself.
Don't be ridiculous.
COWBOYS SECOND ROUNDUP ENDS IN TRAGEDY
i had previously written to rep. randy forbes concerning the chesapeake handling of the swat team attack on the home of marva morris in nov., 2007. the contents of the letter are as follows;
"the citizens of chesapeake deserve an explaination of the swat team attack on the home of marva morris (va pilot 12/01/07 hampton roads section). acting on a tip does not seem to justify these actions. could a tip bring the same kind of destruction to our homes? the city should move post haste to make this person and her family whole. this gives the appearance of storm troopers acting with questionable judgement to try out their newest tactics and toys. i would appreciate your invvolvement in demanding from the city government an explaination to the citizens of the city."
fortunately, no one was hurt during this invasion. the same cannot be said of the invasion on mr. frederick's residence.
For chesresident...
You said, “I respectfully disagree with you comparing the CPD's actions to those of armed robbers.”
I heartily agree with you. I think their actions should be compared to the Sozialistischer Sieg (SS) on Kristall Nacht (“Crystal Night” aka “The night of broken glass”).
After all, a Nazi by any other name, is still a Nazi…
For "KevinP"
"....HOW AM I SUPPOSED TO FIGURE OUT that this is the police when they act like armed robbers?" The first thing I would suggest is to look out the window (if you can). I'm sure that if Frederick did, he would have seen numerous officers surrounding his house with "POLICE" visible on their clothing/vests, etc. When police "knock and announce," they do that for a period of time and then make entry into the house (if access isn't granted by the person inside.) This is to allow the person inside enough time to come to the door themselves, for safety reasons, preservation of the evidence, etc. When Frederick heard the commotion, why didn't he call 911, why didn't he yell out or scream, "I've got a gun!", instead of randomly shooting at the front door?
I respectfully disagree with you comparing the CPD's actions to those of armed robbers. CRIMINALS aren't going to yell "POLICE SEARCH WARRANT" at your front door for several minutes before trying to enter your house... In addition, criminals are probably going to come in through the back door and not the front where there could be witnesses.
Wow....There's a lot of people with some really good ideas on
how to conduct narcotics investigations and execute search warrants. And, you know what? legalizing drugs would be the end to all of the problems with the police who really have nothing better to do than bust someone for a small amount of marijuana....ARE YOU KIDDING ME?????!!! Bottom line, yes, things could have happened another way. But Chesapeake Police did absolutely NOTHING wrong in the execution of that warrant, and it's truely unfortunate that an officer had to pay the ultimate sacrifice because Frederick was recklessly firing a gun. Very few people who comment here understand that Frederick IS RESPONSIBLE for every round that comes out of his gun. What if the bullet had missed Det. Shivers and gone into a house across the street and killed a neighbor. Would your opinions change then???
reply to memyselfandi
Nobody is vilifying officer Shivars...all the posts I have read are saying he is as much an innocent victim as anybody in this mess. We ARE vilifying the Police Dept's decisions, because all the reported facts (which is all we can go on) indicate that this raid did not need to happen. It did not need to happen, period. Nobody needed protection from Ryan Frederick, even if he had a garage full of marijuana plants. He could have been picked up on his way to work any morning, and his house could then have been entered in a non-violent fashion without all the Police theatrics.
None of this needed to happen.