Grand jury indicts Ryan Frederick on capital murder charge

Posted to: Chesapeake Crime News Shivers shooting


Ryan Frederick at a preliminary hearing May 27. (The Virginian-Pilot file photo)



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CHESAPEAKE

Ryan Frederick now could face the death penalty for the fatal shooting of a Chesapeake police detective during a raid of his home.

A Chesapeake grand jury indicted the 28-year-old Portlock man Tuesday on charges of capital murder, use of a firearm during the commission of murder and manufacturing marijuana. Frederick is accused of “willfully, deliberately and premeditatedly” killing Detective Jarrod Shivers the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant.

Frederick’s attorney, James Broccoletti, said the grand jury’s decision to elevate charges came after the panel heard only the prosecution’s side of the case. Broccoletti said he does not expect a trial to take place this year.

Circuit Judge Marjorie Taylor Arrington is expected to preside over the case. Arrington, a former Norfolk deputy commonwealth’s attorney, was recently appointed to the bench by the General Assembly.

Shivers, a 34-year-old father of three, was standing on the front steps of Frederick’s home in the 900 block of Restart Ave., when he was shot , police said.

Two shots were fired from inside through the front door as officers used a battering ram on the door. One shot hit Shivers, an eight-year police veteran.

Police said they had two separate entry teams when they went to Frederick’s home at

8:30 p.m. One team was to enter the home while the other was to simultaneously enter a detached garage.

A confidential informant told police that Frederick was growing marijuana in his garage. Police, however, initially charged Frederick with possession, a misdemeanor.

That charge was withdrawn last week after Frederick’s preliminary hearing, but special prosecutor Paul Ebert said he intended to seek a more serious drug charge.

The grand jury indicted him on a charge of felony manufacturing or possession of marijuana with the intent to manufacture the drug.

Frederick, in a jail interview shortly after the shooting, said he fired at what he feared were intruders.

He has been in jail since his arrest .

Frederick’s friends have refrained from talking publicly about the case on the advice of his attorney. Nonetheless, there has been public concern about the raid.

Donald Tobar, chairman of the Tidewater Libertarian Party, said Frederick’s situation strikes a chord .

“People can identify with him because lots of people around here have firearms to protect their homes,” Tobar said. “But now they’re faced with the idea that, if they use the weapon, they can face prison.”

He said that regardless of what comes out about Frederick’s drug activities, “it’s still a reckless and foolish way to serve warrants.”

Police have said they are examining the way they execute search warrants. An internal police investigation of the drug raid has been completed, but police said it will not be made public.

 

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



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John Wilburn

Thank you for the clarification. And when you put it that way. Perhaps Karma is not so far off the mark after all.

Ira

There is nothing fabricated about the crime or the new charge. You spout off about fabrication about the police investigation and continue to add fuel to the fire. I have heard that Fredrick was a working man and was never in trouble. That is all true, but when you faced with an arrest you never know what people are going to do. I am not saying Fredrick planned to kill Det. Shivers personally. Ask yourself this question what if Fredrick fabricated his story about his house being broken into and knew the police were at the door. Just a thought.

Clarification...

S. Rose – My thank you was actually meant for another poster whose ID is “Rose.” She used the term, “wannabe a cop” in another posting in this link. The term was, I thought, perfect, in her use of it. She has been following this horror, as I have, from day one, and I nearly always share her views. Sorry for the misunderstanding.
Incidentally, in Zen Buddhism, a persons’ every thought, word and deed is seen as a, “footprint on the soul” which, in short, is “karma.”

John

Not sure if that thank you was calling me a wanna be cop and that was a slam or:

praise and a thank you for my ongoing position that this case needs a change of venue to get it tried by a fair jury, or my position that Ryan Frederick screwed up as well as the CPD and both parties are to blame, or you were impressed by my statements that we need more facts and less opinion.

Please clairfy LOL :-)

I'm sure it's occurred to others...

I’ve noticed that the, “CPD, Right or Wrong,” types and “wanna be cops” (thank you, Rose) keep making the same claim, i.e. “the cops were within the law.”

“Therein lies the rub.”

Every indication (from various reporting sources) is that CPD did a less than adequate job investigating and confirming claims made by the “CI,” and submitted an, “iffy” affidavit (which may not have met the legal requirements for a warrant – probable cause) to a magistrate. The primary claim made against Mr. Frederick (marijuana growth) was false, which would have been obvious, had CPD done its job.

(“Our “CI” told the truth the LAST time,” wouldn’t get my signature, if I were the magistrate.)

If it turns out (and I believe it will) that the warrant was illegal, CPD’s actions would also have been illegal, and all of the tragic consequences will reside at their door.
Believe it or not, the police are also subject to the law, and have even less excuse for violating it.
It would be nice if Mrs. Shivers, her children, and Mr. Frederick receive justice and closure from this…

belindar15357

You are absolutely right. I am going to email Tim Kaine as well and I hope and encourage others to do the same. This kid isn't going to get a fair trial because of the blue wall. He's labeled a cop killer. Sure he did break the law with the pot, however, he shouldn't be charged with premeditated murder. All of the people that have posts here that believe in this guy, please take the time to email everyone you can think of to help this guy out. He does deserve to pay for the illegal drugs but not pay with his life for something like this. THIS WAS A TRAGIC INCIDENT, and I'm sorry for the officer that lost his life but instead of an investigation into firefighter overtime, they need to be investigating the CPD for misconduct in this case.

Ira--Not Karma. Cause and Effect

I am not saying it was karma. It is cause and effect. Period. It is that simple. We make choices every day, and do not realize their importance until much later, if ever. Do I hang with the kids smoking in the boys room? When someone offers me pot do I try it. Do I seek out someone and buy it? Do I grow it? Do I hang out with other people who use drugs? I know it's not legal, but do I do it anyway? Do I ask this girl to dance? That girl? Do I even go to school dances? To church? Do I volunteer in my community? Do I bar hop? How do I pick my friends? Do I join the military. Go to college? Get a job? Do I say no?

What is the criteria for chosing my friends? Who do I spend my time with?

Frederick is not a totally innocent victim of circumstance by any stretch of reasonable imagination. We all walk our path. Like everyone, every choice he made, changed his route. Sometimes only slightly, sometimes in a major way. It is cause and effect. Not karma.

Imcomplete thought

The other issue w/ adding the new felony charge is in how it benefits the prosecution. While most observers agree that it is completely unfounded, it has a purpose. A cop did die. The jurors will have their heart strings tugged onthat count regardless of the root cause. If offered a lesser charge they may take it regardless of guilt. So then he may be convicted of a fabricated crime for the jury to feel better about the whole thing. Then he sits in jail on a felony while the guards know he was originally charged for killing a cop. How many new charges do you think an inmate could have put on them when no one is looking? We will not be hearing from Mr. Frederick once the cell door shuts. This is so predictable.

Let me show you something

"We can rage against CPD and point out their flaws, but lets keep in mind how this all started. Ryan Frederick screwed up, and I do not mean only by shooting recklessly through a closed door. A hundred little bad choices in his life brought him to that place that night."

This type of thinking is what the prosecution is depending on. The idea that you did something bad you got away with and are now paying the price through an incorrect action. It's nonsense. I wrote when they dropped the misdemeanor charge saying it was for the prosecutions benefit. By putting this false MFGing charge out there it creates doubts against Fredericks character. So a juror may believe that in a sense this was karma that befell him. It is a slight of hand used to circumvent justice and nothing more. Imagine sitting in jail and someone tells you it is for something you did in your past and it added up. It is an idiotic train of thought. Our justice system was intended to offer a fair hearing, not the sports event it haas degraded too.

Freedom of Info Act is probably not applicable here

It is an on going prosecution, and all these reports are evidence. It is likely as much in Fredericks interests as the CPD's that as much info be kept confidential, for as long as it can be.

If there is something damming to the defense in there, Fredericks lawyer sure as hell will want to file a motion to surpress it, which would be impossible if it is splashed across the front page of the Pilot or all over the internet.

We can rage against CPD and point out their flaws, but lets keep in mind how this all started. Ryan Frederick screwed up, and I do not mean only by shooting recklessly through a closed door. A hundred little bad choices in his life brought him to that place that night.

It is the truth, and it scares us, because we know our own choices have not always been wise. We need to learn from this, and guide the children in our lives away from the Frederick's life path. Teach them to make the right choice. Show them by making that choice ourselves.

I agree

Reginan96795.... I agree that we should contact the media and anyone who can help this young man. But we need to go higher on the ladder than city officals, Lets not forget that it is the city of chesapeake that has filed these charges against Mr. Frederick. I to have emailed Andy Fox, and also Gov. Kaine and the Attorney General Robert McDonnell. I urge everyone to do the same.

re: Price in reference to henry

henry didn't hear it. He made it up. Playing the "what if" game. You know. "What if we really didn't go to the moon, "what if" Area 51 has alien space craft hidden there, "what if" CPD was doing a practice raid and screwed up killing an innocent man.

It was reckless. Irresponsible. Inflammatory. henry's blood must have been pumping and his pulse racing as he typed it, LOL.

BTW. Has anyone heard anything about a secret pot growing lab beneath the shed? Maybe you can twist a hook on the wall, a section of floor will slide back, and you can walk down steps into an underground greenhouse.

cjgrads Red Herring

"just wonderin
Submitted by cjgrad on Wed, 06/04/2008 at 7:13 pm.
What if say there was a family that lived across the street coming home late from a family affair and a child across the street was shot instead of the officer???"

To answer, his actions were reckless. However, they were not murder. If someone were knocking down my door at night and I was awoken by it, I could not say I wouldn't have reacted the same way. Thanks for all of your hindsighted wisdom. Now run along.

internal police report

can't a freedom of information act request be made for the report? Is the CPD afraid it will exonerate the defendant? Or will we find this out AFTER the trial?

Re: Henry

Wow, a training raid. That is the first I have heard that theory. Where did you hear that one from?

O Henry

Who will you call when you need help? A pot smoking, gun toting young man with no idea what gun control is? Frederick is a murderer, period. If CPD's procedures are not to your liking, too bad. They are within the law. Frederick's actions were not. He deserves to pay!!!!

just wonderin

What if say there was a family that lived across the street coming home late from a family affair and a child across the street was shot instead of the officer???

Contact the media

WHERE IS THE OUTRAGE, I AGREE...

We need to contact our city officials and the media to get coverage. I have emailed Andy Fox from Channel 10, but haven't heard back from him yet. Please, everyone that believes in this guy, please take a stand on his behalf. This could have easily been one of yours or my family members getting there doors kicked in. Mistakes are made all the time. We could be sitting in jail as well. I'm going to email as many people as I can, and please do the same. I don't know this guy but the truth needs to come out. I am a citizen of Chesapeake and I don't want to see my tax dollars wasted on this trial.

There is something we can do

Tell your state repersentatives how you feel, you can get email addresses for them at this website:
http://virginia.va.lwvnet.org/state_reps.html
(this is public information)

write your Gov. and the Attorny General. I did, it may or may not help, but at least i feel like i am doing something besides complaining about the system.

Internal Police Investigation Report

With so many rumors, speculations, public interest in this case, I believe there is a way we might begin to uncover some truth-HOW ABOUT RELEASING THE INTERNAL POLICE INVESTIGATION REPORT. Is there a valid reason not to.. anyone? The defendant's life and actions are made public before he has been tried, why not the police actions, who as the trained professionals who put this tragedy into motion, should, IMHO be held to a higher standard?
Also, anyone who has ever been involved in the criminal justice system knows that for the police, attorneys, & prosecutors it is a game with a winner and loser. Exaggerations and half truths are the norm and the truth can be lost in the shuffle. Prosecutors bringing charges that they know will most likely could not be proven in a trial are brought to hold him without bail. So much for the sixth amendment.. "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial..."

XSquid

Your WRONG, we can defend our home in VA, and I am glad we have that right. I am not at all happy when we are subjected to irrational attacks by our own police departments. Two families are paying the ultimate price for it.

Why not just knock on the door and

arrest him in his underwear when he answered?

Take a stand

There is something we can do to help Ryan Frederick. You can email Gov. Kaine and demand that the CPD is held to the same standards as the citizens are. go to this site to email the Gov. http://www.governor.virginia.gov/AboutTheGovernor/contactGovernor.cfm

Or you can write Gov. Kaine at this address P.O. Box 1475 Richmond Virginia 23218

Attorny General Robert McDonnell email:
http://www.oag.state.va.us/FORMS/ContactForm.html

or write to him at 900 E. Main St. Richmond, Va. 23219

You can get addresses and emails addresses for all state representatives by going to this web site.

http://virginia.va.lwvnet.org/state_reps.html

Lets help Ryan Frederick, Don't just hope someone steps in! Lets make someone step in!

not knowing who is behind the door

This is truly a tragic incident. However be fair...not knowing who is behind the door goes both ways in this case. I was taught in gun safety class that you should never fire your weapon until you can fully identify your target. I don't think that firing through a door on either side allows you to do that. Neither side is truly without fault.

Waht hasn't been said.....This entire raid was a training raid

I'll bet when and if the truth comes out this raid was more of a training and recertification raid to keep the CPD Forced Entry Team up to speed. Basically, they need an excuse to act like jerks at least every 60 days and keep their training up. Practicing at a training facility is never as good as the real thing and so every 60 days or so on the flimsiest excuse they pick some poor saps home to "raid". Where is the common sense? Is the police department so inept that they can't effect a safe arrest? Let's see, the "criminal" doesn't have a violent record, and he has a very regular schedule. It would have been so easy to arrest Mr. Fredrick at work and execute a search warrant when he wasn't home. In most cases if you are discreet you can catch just about anybody first thing in the morning when they are putting their key into the lock of their car. That's how the FBI generally does it. It makes no sense to go in guns blazing when you don't know what is behind the door.

Here's what we need to do.... Lobby the general assembly

We need to call our representatives in the General Assembly and congress and take away the local police department's ability to be stupid. It's a sad day in America when we need to arm ourselves to protect ourselves from law enforcement. The police can do their job well without the use of no knock raids EXCEPT only in the most extreme situations. This country was founded in part because of the colonist's reaction to warrant-less searches and the actions of the King's troops. The police department needs to use common sense. How pissed would any police officer be if we broke down their door in the middle of the night based upon scant information from a CI? We are supposed to safe in our homes. BEFORE the police decide to break down a door they need to be sure of the information AND THEY NEED TO BE SURE THERE IS NO OTHER WAY TO STOP THE THREAT. As others have outlined there are many ways to effect an arrest without risking the lives of Police or the criminal. This is Public Safety run amuck. This type of raid is very risky and should be reserved for only extreme cases where lives are threatened and the Police obviously need limits because they can't be trusted to use common

???

"Um no. The lesson to be learned here is that even a small amount of government is enough to endanger the lives of others."

So, is anarchy your solution then, Claude?

"I hope everyone learns a

"I hope everyone learns a lesson from this. A small amount of recreational drugs is still enough to endanger the lives of others."

Um no. The lesson to be learned here is that even a small amount of government is enough to endanger the lives of others.

Travesty indeed

The Shiver's family isn't speaking out. The police community is close-knit. Calling for the truth, Mrs Shiver would only be ousting her family while adding more misery to heartache. Don't overlook that when, IF, the TRUTH comes out there will be a lawsuit against the CPD and City of Chesapeake. I can see the prosecutor rubbing his bony fingers together now... "Yeah, we'll pin a felony drug manufacturing change against Mr. Frederick using those plant foods and buckets in his garage. He had marijuana seeds, see? They were in that small bag found in the house, see? Yeah, Yeah, he only had to go put them into those buckets and add water, see? Yeah, Yeah, that's it! He was a harden criminal of the worse type! It's no wonder he started shooting at the cops. I heard he once said he'd never be taken alive! Yeah, Yeah, that's the ticket! Cop killin' druggie!" I hope the jury sees through this horrific injustice. I hope Ryan and the Shiver family sue Chesapeake for all it's worth! It reflects so poorly on the truly honorable men and women for the CPD.

On the side

I was watching the top 100 funniest videos on tv the other night. One of them showed british police trying to knock down a door that wouldn't give way. They appear embarrased after bouncing off of the thing a couple times. Then they start knocking and a woman buttoning her night gown answers the door for them and let's them in.

Think about folks. Your asleep and someone starts bangiing down your door. Hindsight does one no good after you wake up in a panic in the dark.


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