Prosecutor won't seek death penalty for Ryan Frederick

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

Special prosecutor Paul Ebert said Thursday that he will not seek the death penalty against Ryan Frederick, the 28-year-old Chesapeake man accused of killing a city detective.

Frederick is charged with capital murder, use of a firearm during the commission of murder and manufacturing marijuana. He is accused of fatally shooting Detective Jarrod Shivers on the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant.

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

Ebert said his decision was based on Frederick's age and lack of a criminal record. Ebert noted that Shivers was hit by only one shot, which he said would not constitute the "aggravated battery" needed in a death penalty case.

State law requires a prosecutor to disclose before a trial begins whether he will seek the death penalty against someone charged with capital murder. Ebert informed Chesapeake Circuit Court of his decision during a conference call from Northern Virginia. He also set three tentative dates for motion hearings in the case.

He said there has been much speculation about the case and that the public will be surprised by the facts when they come out during the trial. Frederick's lawyer, James Broccoletti, could not be reached for comment Thursday evening.

Ebert, the commonwealth's attorney from Prince William County, was appointed to prosecute the case because local prosecutors had worked closely with Shivers. Chesapeake Commonwealth's Attorney Nancy Parr sought an outside prosecutor to avoid any perceived appearance of conflict or bias by her office.

Frederick remains in jail without a bond. In a jail interview earlier this year, Frederick said he fired two shots through his door at what he feared were intruders that night.

The two shots were fired through the front door as officers were using a battering ram on it. One shot from a .380-caliber handgun hit Shivers, an eight-year police veteran.

After the shooting, police returned with a second search warrant and seized a Bersa "Firestorm" .380-caliber handgun, two .380 bullet casings, one .223-caliber bullet casing, a Samsung TV, a broken wooden door, a pry bar, a battering ram, a shoe and flashlight.

The .223-caliber shell was entered into the National Integrated Ballistics Information Network and could not be matched, according to lab results. Police have said they did not return fire during the raid.

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



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"All the facts..."

We know more than enough to see that the CPD's actions were grossly negligent.

Mr Frederick's lack of criminal record is a matter of public record. The CPD themselves have testified that no controlled buy was made, that next to no research on Mr. Frederick was done. Their prior investigation before the raid amounted to a few "drive-bys" in which no suspicious activity was observed.

It would be very convenient for the CPD and apologists like yourself if we would indeed wait years for this trial to make its way through the court system before we speak out against this, but the rest of us are less inclined to complacently observe an increasingly militarized police force encroach on our guarantees against unreasonable search and seizure.

rrc1943

Okay, how much more top secret evidence could there be? Frederick really doesn't look like or seem to be a diabolical genius. Did he use a Jedi Mind Trick to lure CPD into this trap? Your hoping beyond hope that there is something here, that simply isn't. It was a screw up, plain and simple on the part of CPD. It may be the one and only time they screwed up. But, it only takes one to get a police officer killed. Chesapeake is trying Frederick for one reason and one only. Not to charge him and try him for murder would mean admitting the raid was a bad move. Then Shivers family would have a claim on CPD for a multi-million dollar lawsuit.

Unecessary raid,incompetent prosecutor.

You can bet the police in ninja pajamas were wearing bullent-resistent vests.This would easily stop a low power round like .380,so the shot must have hit an unprotected area at close range,or the shot came from someone firing a higher-powered weapon with a similarly-sized bullet in a more powerful cartridge.It can be hard to differentiate between .38,9mm,9mm makarov,.357,and a few others once they deform.Since the suspect didn't have a .223,and the midnight home invaders did,it's not too surprising that they 'couldn't' do a ballistic match on the 'mystery' bullet.Witnesses reported police firing at the scene.This case is about a royal screw-up at it's heart,an unnecessary home invasion by masked gunmen over flimsy,unsubstantiated evidence,prosecuted by someone with the integrity of Mike Nifong of the Duke 'rape' case.It should have been thrown out,and the perpetrators of the home invasion prosecuted.

Wow, I'm new here, but I can

Wow, I'm new here, but I can see some people get very hostile and very defensive in a hurry. If you actually read my post completely you won't find any place where I lay blame at the feet of either CPD or the defendant. I was merely commenting on the decision to not seek a capital murder conviction which is what the article all of these posts are filed under speaks to. I got the impression that what I wrote was entirely relevant to that discussion.

JKBRENT

So, you don't have first hand knowledge of ALL the evidence. You've made your "educated" guess solely on the basis of what has been reported in the newspapers. All the rest of your post is irrelevant, since you have not been directly involved in the case.

Am I defending the CPD? No, I don't claim to know everything that happened on that night. So, I am not in a position to either defend or disparage the CPD. Neither am I defending or condemining Mr. Frederick.

No one outside of the prosecutor's office or the defense attorney's office knows all of the evidence. Therefore, no one outside of the prosecutor's office or the defense attorney's office is in a position to make any judgements of Mr. Frederick or the CPD.

Let's wait until the trial is over and the verdict is rendered. Then, and only then, can blame, if any, be placed.

rrc1943

What I have is the facts presented that we all have read in the story, facts which not even the CPD has made the slightest effort to refute in any way. Added to that, I also have a military background, law enforecment background, and a national security agency background. Oh and above all, I have 38 years experience in common sense.

Re: Bridgette

Do police wear bullet proof vest? I am not 100% sure he, Det. Shivers, was wearing one because I was not there. However, I am willing to bet the bank he did have one on. The term bullet proof vest is very mis-leading. The should be called bullet resistant vest. The vest do not give total coverage and do not stop every type of bullet. However, the vest have saved plenty of lives and will continue to do so.

No, I do not have first hand

No, I do not have first hand logic, hence the term logic leap. All anybody not connected with the prosecutor's office can do is guess. I'm merely putting forward an educated guess as they say. Additionally there is no such thing as a bulletproof vest, they are only bullet resistant. They may be penetrated by any number of bullets readily available to the public and only cover some of an officer's torso.

Please tell me

Do the police, when they go on drug raids wear bullet proof vests? Did Mr. Shivers wear a bullet proof vest? If not, why not?

JKBRENT

So, I can assume that you have first hand knowledge (not belief) of all of the evidence?

Common sense approach..

The Code of Virginia's definition of capital murder includes the following...

"The willful, deliberate, and premeditated killing of a law-enforcement officer as defined in § 9.1-101 or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States, when such killing is for the purpose of interfering with the performance of his official duties;"

In a state which prides itself on being number two in the nation in terms of executions on a regular basis it's obvious our prosecutors don't shy away from it when possible, especially where law enforcement is involved. It's not a logic leap to assume that the prosecutor doesn't think he has sufficient evidence to prove that Frederick knew he was shooting at police.

Police Bashing, eh?

You don't need a degree in law enforcement to know that making a military style approach on a house based on one very questionable informant, and on a man with no prior record is in and of itself, complete and total over zealous incompetence. Which is what truly led to the events that occurred.

The trial is about whether Ryan Frederick committed capital murder. Not police bashing. But, the performance of CPD is key, and will be used in his defense. That's not his fault. It's CPD's.

AND THE POLICE BASHING GOES ON

The posts are interesting and amusing. The trial hasn't even started and all the evidence hasn't been heard, yet there are those who will, solely on the basis of hearsay or discussions with "expert" friends, are ready to close down the CPD.

Is Ryan Frederick guilty? I don't know. I haven't heard all the evidence. And, neither have you.

Did the CPD act unprofessionally and badly? I don't know. I haven't heard all the evidence. And, neither have you.

Re: Dogpen

"It happens all the time" I assume you mean cops enforcing the law that some law maker attorney passed up in Richmond or do you mean "Fredrick's" situation. A situation like this does not happen all the time, you just choose to think it does. I know your going to say I heard it in the news this and that, whatever. I do agree cops are human, but 99% of them are better trained to enforce the law than you will ever be. I sorry if this seems a personal attack on you, it is not meant to be. The reason there is a lot of emotions on this board is because something like this does not happen "all the time".

Black Helicotopers???

Wait... think I hear one now.... nope, nope... it's the Medevac going to the hospital nearby... nevermind...

rick3cs

I tend to agree with you on your comments. I am an Anglo, and a conservative (sorry.. lol). But, you are correct. During my time in the Navy, I occasionally escorted junior personnel to civilian courts. It seemed like if you were a certain color, or came from certain parts of large cities, a certain 'attitude' set in with the judges and prosecutors almost immediately. Conversely, I also noted a similar attitude toward whites from the deep south I escorted to courts. I know that must sound strange. But, then the courts in Hampton Roads are rather strange at times.. lol

Black helicopters

I think I hear black helicopters over head . . . .

Why...

...would a link to a news story at WTKR and the web site be removed?

From an additional Pilot headline-"The WTKR news director and assistant news director are no longer employed at WTKR effective immediately.”

Now someone correct me, but didn't WTKR have a reporter who was covering this case against Ryan Frederick? What in God's name is going on in Hampton Roads?

Interesting

My comment giving that link was removed.

MikeP, yours will likely be removed as well.

help

does anyone know if the "internal police report" is subject to a "Freedom of Information Act" request?

One key ingredient

No SWAT probably won't be there. You are missing the key ingredient, the illeagal one.

hmmmm

with the exception of the pot I have all those items at my house. Should I expect a visit from a SWAT team tonight??

From an earlier article

Police seized marijuana, lights, five tub containers, a smoking device, a fan, books and magazines and a pay stub during the search.

That is why I say suspected. If it turns out that the above is not true, then CPD will have a serious problem, and Mr. Frederick should be released.

But donvabeach

he wasn't shot dead, so I guess your scenarios aren't completely accurate.

Wow, that is one heck of an article

FBI needs to investigate the CPD...

look for 60willys post

60willys, more kudos for you. You posted that article before I could. A co-worker brought up the article the other day and I read it over her shoulder becoming more enraged/saddened by the second. I've kept such emotions at bay knowing that it is up to the legal system to verify such claims, knowing that media outlets HAVE gotten things wrong before.

Personally, due to: editors, legal and civic responsiblity, and other reasons do I believe that this story is at least mostly true. Time will tell. The potential for civil unrest from the public for buildup of this case or an unwarranted verdict could be disasterous for the city and its new police chief. It'd be interesting to know if Richard Justice has moved away from the area since retiring from the CPD.

Why the TV?

Why would the police need to seize a Samsung TV? Was it a wide-screen TV and maybe the police chief wanted it for his office?

Guilty

The ones who should be tried and found guilty are the ones who chose to send officers, in the middle of the night, to break in and arrest a minor criminal. What nutjob thought that up? They couldn't wait until morning to catch him outside the house? He wasn't a major threat to society. Were they having a slow night? Looking for some glory? Officer Shivers was a true hero, and I salute his service. However, whomever authorized this raid should be on trial also, their poor judgment ultimately caused his death.

Hapslappy..?

I found the WTKR story with the link...but where is the link that tells of a second man coming forward? This man was known to "have a grudge" against Ryan?

Also, since when and "WHY" did the CPD go back to the house and put filler into a "supposed" bullet hole in the wall or door? WOuldn't that be "treating the crime scene" in a illegal way as far as "Rules of Evidence"?

Something is not right!

CJackCity - uncalled for!

CJackCity - your comments have even less substance than this case and only serve to fuel more anger. The majority of the posters agree the "age and criminal record" is more aligned with the prosecutor's office not having enough evidence to secure a capital murder charge.


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