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Ryan Frederick to be tried in Chesapeake, judge rules

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, 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.

Let's see,

Frederick shot a man, twice, while an leo group , sanctioned by the state, attempted 2 act on a no- knock warrant for his arrest on charges of operating a criminal drug enterprise. 2 street level dupes decide 2 clip a guy trying 2 buy drugs in an undercover operation. Why isn't it just as likely that the 2 who killed the undercover officer on the messed up buy attempt were unaware they were shooting an leo as U guys want 2 declare Ryan as being? What's the difference? In both cases, a man was shot, intentionally, & killed. Both men killed happened 2 be leos. The cases have to be treated as what they are. Period. Ryan is no more a folk hero than the 2 dupes who shot the undercover guy. Who's 2 say the guys didn't fire because they thought the leo was about to shoot them? If you guys are willing 2 believe the police & state are lying in the Frederick case, why not the other? I'm an ex narc.

I like keiths viewpoint

It isnt that everybody hates the police;or for that matter, even like Ryan Frederick but MY problem with this case starts with the different stories put out by the POLICE when it first happened.
And as Ive said before , you dont see bloggers defending the lowlife that shot the V.B. narc .

Power2theBlue?

Don’t you mean, “Power2theBrown?”

Since a significant number of LEO’s seem to prefer America as a police state, shouldn’t they dress the part?

Power2theBlue

You are correct sir. There have been stories reported in The Virginian Pilot, statements made by Mr. Ebert and as I understand it, some hearings pertaining to evidence that the prosecution tried to withhold from Mr. Fredricks attorney. LEO's second guess the citizens they serve, but can't take the heat when they themselves are second guessed. It stands to reason that if CPD had staked out the residence before taking the gospel word of an "informant" who has been charged with burglary, waited until Mr. Fredrick had gone to work, and then executed the warrant, the outcome would have been better for everyone. I can't believe that CPD or any police organization would try to execute a no-knock search warrant for marijuana in the evening or at night unless it was life or death. I am just Keith the contractor and have never claimed to be the brightest bulb in the box, but the appearance in this case is that CPD is using Ryan Fredrick as a poster boy for something CPD is mostly to blame.

I have read a lot of "I

I have read a lot of "I heard the police" this or that. . . . That should say it all. It is hearsay! All of the facts of the case have not been presented because a trial has not started, so you have not heard the most incriminating evidence. Let's hope that he does get a fair trial. I hope that the jury is "truely" made up of non-biased citizens who can pass down a "just" ruling. Somehow, I think that will be hard to achieve. There are too many people who feel very strongly about their view of this unfortunate situation when NO ONE has heard the facts of the case in their entirety!

Let the process run it's course

Ryan Frederick willingly shot, twice & killed a man. Indisputable fact. He possessed illegal drugs, within the confines of the residence,(which includes a detached garage & lawn, etc.) Regardless if some disagree with the criminality of drug possession or think shooting & killing someone without seeing them,(as Ryan claims), is self defense, they can't deny the above mentioned facts. Ryan has already got more breaks than most. He's still among the living & will have a trial with competent legal representation. That is what he deserves, no more, no less. I know a family of a 17yr old child that wishes their loved 1 had received as much consideration. I'm an ex narc. I question the actions of police officers often. I don't 2nd guess the officer who shot the teen. I do wonder why Det. Shiver's partners didn't return fire when Ryan shot & killed 1 of them.

keith

Ditto!

I wish Frederick

All the luck and Godspeed...He should never have been in this predicament...Not cool and Not fair! The po po were WAYYYY out of line!

And I'm by NO means a gun advocate...

memyselfandI

You state "Why you think the CPD has the time or manpower to conspire against Frederick is ludicrous." Well, because one of their own is dead. Police and prosecutors believe that the life of a LEO is worth more than that of an average Joe civilian. It makes no difference to them whether it was accidential or not. The person(s) involved will be dog meat regardless of the circumstances. If it had been someone other than a LEO, then Mr. Fredrick would be out on bail. The CPD and prosecutors think that LEO's are infalible and shouldn't have to take responsibility for their actions. It is unfortunate that Det. Shivers was sacrifced, but it is the fault of CPD. There are also too many inconsistancies to believe that CPD is telling the truth about what actaully happened and also witholding evidence that would be beneficial to Mr. Fredricks defense. I hope that there will be a fair trial, but something stinks in the garden here. We are all patiently waiting to hear Mr. Ebert present his case.

just the laugh we needed

"Price on Thu, 11/13/2008 at 4:47 pm.
Maybe those items are not required to be turned over for discovery. I am not a lawyer, but did stay at a Holiday Inn Express near a law office."

The best laugh I've had in a long time.

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