Prosecutors say Frederick knew police were coming to door

CHESAPEAKE

Ryan Frederick knew police were coming to his house the night he shot police Detective Jarrod Shivers, prosecutors maintained Tuesday.

For the first time, prosecutors outlined the basis of their case against Frederick, during a hearing on several pretrial motions. Special prosecutor Paul Ebert has asked to move the trial out of Hampton Roads, citing what he calls inaccurate and speculative pre-trial publicity. Another motion involves whether the jury should be allowed to tour the scene of the shooting.

Circuit Judge Marjorie A.T. Arrington said Tuesday she would rule on those issues next month.

She also ruled that a video camera will be allowed into the courtroom to capture the proceedings, as had been requested by local television stations. Special prosecutor Paul Ebert had objected, saying cameras add nothing to the dignity of the proceedings.

Conrad Shumadine, the attorney for the media, argued that a case of such magnitude needs openness.

"If there's ever a case that should be before the camera, it is this case," Shumadine argued.

Shumadine and his law firm, Willcox & Savage, also frequently represent The Virginian-Pilot.

Frederick, in a red jail uniform, watched in silence from the defense table as prosecutors suggested he was not as innocent as he claims.

Frederick is accused of shooting Shivers on Jan. 17 as the 34-year-old detective, who was there as part of a drug raid, stood at the front steps of the home in the 900 block of Redstart Ave. Frederick is scheduled to stand trial Jan. 20 in Chesapeake Circuit Court on charges of capital murder, use of a firearm and possession with the intent to distribute marijuana. The judge denied a defense motion to separate the drug case from the murder case.

The 29-year-old is being held without bond at the Chesapeake Correctional Center.

More than one person broke into Frederick's detached garage days before the fatal shooting, taking about half of the marijuana growing inside, prosecutors said. Frederick contacted one of the burglars, made threats and indicated he knew who they were, prosecutors said.

He told the burglar: "I know police are coming to my house. I know why they're coming to my house, and I have a plan for them, too," according to Richard Conway, one of the special prosecutors from Prince William County in Northern Virginia who is handling the case.

Frederick never reported the break-in to police because he had a "significant, if not lucrative, marijuana-growing operation" in his garage, Conway said.

After the burglary, Frederick removed the remaining plants, prosecutors said.

Still, in their raid police found grow lights, tubs that contained traces of marijuana and publications such as "Marijuana Horticulture," Conway said.

Frederick's attorney, James Broccoletti, argued that police confiscated only one-third of an ounce of marijuana from his client's home and are relying on unknown informants.

"Who knows who they are?" Broccoletti said. "Who knows what they said? Who knows what their records are?"

Police have said that a confidential informant told them about the marijuana-growing operation in Frederick's garage. Prosecutors did not say if the informants are the burglars.

Frederick has maintained that he was in bed when police arrived and that he fired through the front door at what he thought were intruders.

To support his effort to move the trial, Ebert produced affidavits from several Chesapeake residents who support a change of venue. He asked the judge to let the case be settled by an impartial body elsewhere.

"There's so much misinformation that has been put forth in this case," he said. "Much of that has been self-serving statements from the defendant."

He cited Frederick's jailhouse interviews, rallies in his support and a billboard erected in front of his home. Ebert said that blogs, some claiming to have audiences of up to 50,000, have added to the speculation.

"There has been criticism that the police should have never gone to this house to begin with," he told the judge.

He said the mainstream media added to inaccurate information being distributed. He pointed to speculation around a .233-caliber bullet casing, which did not come from Frederick's gun, that was recovered at the scene.

Ebert said the real story is that the casing fell from the pocket of a SWAT team member who showed up at the scene after the shooting.

Broccoletti said a request for a change of venue is premature and that an attempt should be made to seat a jury before moving the case elsewhere.

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