The Virginian-Pilot
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CHESAPEAKE
Ryan Frederick, the Portlock man accused of killing a city police detective, will be tried in Chesapeake, the judge in the case ruled Wednesday.
Circuit Judge Marjorie A.T. Arrington will attempt to seat a jury of Chesapeake residents for the trial scheduled to start Jan. 20. If the lawyers in the case fail to seat a panel of local jurors, the judge will consider moving the case out of the area.
"I think that the court has a duty to try to seat a jury," the judge said.
Special prosecutor Paul Ebert wanted the case moved from Chesapeake because of what he called "adverse and inaccurate publicity."
Frederick faces charges of capital murder, use of a firearm and manufacturing marijuana. The 29-year-old is accused of shooting Detective Jarrod Shivers on the night of Jan. 17.
Shivers, 34, was fatally shot as he and more than a dozen other officers tried to enter Frederick's home to execute a drug search warrant, according to police. Frederick has maintained that he was in bed when police arrived and that he fired his gun twice at what he thought were intruders breaking through his front door.
In obtaining the search warrant, police relied on a confidential informant who claimed to have been in Frederick's home and observed marijuana plants growing in a detached garage. Prosecutors said Wednesday that they have disclosed the identity of that informant to Frederick's defense attorney. They were, however, granted a request to have records of the informant's identity sealed from the public.
Defense attorney James Broccoletti had also asked that the search warrant in the case be thrown out because the confidential informant used by police had burglarized Frederick's property to get evidence of a marijuana-growing operation. Prosecutors have acknowledged the break-in, saying "more than one person, including the confidential informant in this case, had broken into the detached garage."
They argued, however, that there "is no evidence whatsoever" that the officer who obtained the search warrant, Detective Kiley Roberts, knew about the break-in.
"There is no information before the court, your honor - none - that the officer knew that," argued Richard Conway, one of the special prosecutors brought in from Prince William County.
Broccoletti was seeking a hearing in which witnesses, including Roberts, could be put on the stand and questioned about what they knew.
"What's the harm of putting the officer on, if that's all he's going to say?" Broccoletti argued.
Arrington denied the motion to suppress the search warrant. Prosecutors said that it wasn't until May that they had information about the scenario involving the informant and a break-in by multiple people prior to the drug raid.
In February, Renaldo Turnbull Jr. of Chesapeake told The Virginian-Pilot that he and an accomplice named "Steven" broke into Frederick's garage in January to look for evidence of a marijuana-growing operation for police. Steven, a Chesapeake resident, knew Frederick and had worked with police before, Turnbull said.
Turnbull said he took about five or six marijuana plants during the break-in. It was Steven who actually handed the plants over to police, according to Turnbull, who said he had also been working with police since his release last year from prison. Both Turnbull and Steven are in custody awaiting prosecution on unrelated offenses.
The next pretrial hearing in the case is Dec. 5. Frederick remains in the Chesapeake Correctional Center without bail.
John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com
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Yes,
you're basing your opinion on leaks to the paper. Not court documents consisting of actual statements & evidence. Neither of us actually knows if CPD's story has actually changed or if the Beach police story has changed. You're reacting to what you've been reading & possibly hearing. Much more often than you think, the public isn't given 1/3 of what's actually going on in a felony case, before trial, especially by the state. I'm somewhat surprised the judge didn't issue a gag order in this case, on both sides. Have a good 1.
As before twomiler2, I am
As before twomiler2, I am basing my opinion to what has been reported in the paper, statements by CPD spokesmen, as well as the statements by Mr. Ebert. It appears to me to be the head NARC, the person in charge would do some intelligence work such as a stakeout and gather intelligence on a suspect before performing a raid. Especially for a couple of marijuana plants. It wasn't life or death. In any case someone is not telling the truth in the CPD case. There have been plenty of home invasions in this area with innocent people getting killed or maimed. RF was justified in how he reacted. Had the victim been a common burglar, he would be out on bail. Instead, he is accused of basically being in a snipers nest laying in wait. As for VB, I don't know that they were truthful. The story has been the same. Nothing has changed in the VB story. As for search warrants, when did I say you didn't know how a warrant was obtained? I would like to read the SWORN statement from the LEO to the judge basing his probable cause to issue the warrant. I am waiting patiently for the trial.
Yes, I often question police actions
I do this now; I did it while in police work. Just because I don't agree with you on this matter doesn't change that. I'm human. I, as you or anyone else, have made mistakes, in general & work related. You still haven't given 1 solid reason, other than hearsay, as to why you believe the police are lying in Ryan's case but are so truthful in the Beach case. How do you know it hasn't been proved that Ryan wasn't a major dealer? You don't have access to any case documents. I'm more aware than you as to how warrants are obtained. 6 attorneys, 1 also being a retired federal judge, in my family. All have practiced criminal law. They all sense Ryan's lawyer is using leaks & partial info & even misinfo, to Ryan's' advantage, in this case. He's playing on the attitudes of many within the community on issues such as drug possession, self defence, etc. Smart of him. Doesn't mean Ryan is innocent. As I've written many times prior, let this run it's course
twomiler2
Well former NARC twomiler2, it's like Joe said. The stories change the way the wind blows. Probable cause has to be obtained before a warrant is issued. CPD knew the plants were in the garage because their informant, a convicted burgler broke into it. I would like to read the sworn statement CPD gave the judge to get the warrant. It should be an interesting read. It also hasn't been proven that he was a dealer vice a user. There is also the question about a .223 slug. Too many inconsistancies to believe CPD and their case. You question police? Don't make me laugh sir. As a former NARC I am sure you were never wrong about anything. As typical for LEO's they never have to take responsibility for anything they do. The double standard is with the LEO. RF should be out on bail.
How do we know
the Beach police arent lying?We dont but atleast their story doesnt change everytime the wind switches direction.
warrants
aren't obtained from informants. A warrant would specify all areas subject to search. Since some insist the police knew the plants were in the garage, it would be included. Ryan, by definition, isn't a reasonable person. He willingly dealt with illegal substances within the confines of the property. Reasonable people realize that illegal activity will catch up with them, sooner or later. Why are some so willing to believe Ryan is an "innocent", child like angel? He could very well have been a major dealer. If Ryan had been wrongfully raided; in other words, he neither possessed, grew or manufactured illegal drugs or paraphenalia, & the raid was due 2 a typo in address on the warrant, the charges would be different. I question police action often. Let this run it's course. Again, how are U sure the police are telling the truth on the Beach case yet U "know" they're lying in Ryan's case? A double standard?
The way the CPD keeps
The way the CPD keeps changing their stories, they probably whispered when they announced themselves.
R.E> TWOMILER on 11-17
All I can say is that I dont find it hard to beleive that if it was me that night that being woken up by the dogs barking and my door being bashed in(imagine dead sleep to total chaos)that I wouldnt think it was a home invader.And lets not forget S. Chesapeak isnt Beverly Hills 90210(no offence to residents)and his home had been broken into recently.
And as far as that the cops were "sanctioned" and serving a warrant tells me as a prudent individual that the practice is unsafe and should be reseved for the most dangerous criminals.Theres just too much danger to justify it.If ther had been a proper investigation they would have known his routine ;which by all accounts was very structured, and simply picked him up as he walked out his door going to work.
Its sad how Mr. Frederick is considered guilty until proven innocent considering how my family has paid for the right to life ,liberty ,and the pursuit of happiness in both blood and taxes for 4 generation only for a couple cowboy cops to crap all over anybodys rights.
Witnesses
If the warrant executors announced themselves as required by law, and so many neighbors have stated what they heard/did not hear at the time of the warrant execution, it will be interesting to see if the former C.O.P. is called to testify, since he should be able to corroborate; being within earshot of the crime scene from his own back porch.
Former NARC twomiler2
Let's see. First off former NARC twomiler2 is that it appears to this writer that the search warrant was obtained from an "informant" who was convicted of burglary and who broke into RF's home apparently with the blessing of CPD. Second, as I understand it, the plants were in his garage and not in his house. Third it hasn't been proven that he was dealing rather than growing for personal use. Forth, regardless of whether he had the pot plants or not, a reasonable person would have believe that it was a home invasion. What if he had no drugs on the property then what? CPD should have used some intelligence.
As for the VB NARC, that was cold blooded murder plain and simple whether it was a NARC or another dealer. Again, another LEO killed over a dime bag of marijuana. You LEO's and former NARCS can clean someones clock if you feel remotely threatened whether on or off duty and get off free and clear. John Q Public will go to jail for fearing for his/her life in the same manner as you. It's not right.