CHESAPEAKE
For the first time since the fatal shooting of Detective Jarrod Shivers a year ago, his drug-unit partners on Thursday publicly described the events on Redstart Avenue and told of a drug raid gone horribly wrong.
"Chesapeake Police Department! Search warrant! Open the door!" Detective Kiley Roberts shouted across the courtroom, recounting how he began trying to get the attention of Ryan Frederick, who was suspected of dealing marijuana. Frederick was believed to be in the house and possibly armed.
Roberts demonstrated for the jury in Frederick's murder trial how he repeated the call four times while pounding on the door. His partners shouted out, too, he said.
Then, "I hear a very muffled pop," Roberts recalled, followed by, "Man down! Man down!"
Shivers fell limp to the ground. Blood poured out of his nose and mouth. He was unresponsive. Frederick has sai d he fired through the door in self-defense and thought burglars were breaking in.
In the third day of Frederick's murder trial, frightful memories were replayed to the jury, including the late-night visit Shivers' widow received from several officers notifying her of her husband's death.
In tearful testimony Thursday morning, Nicole Shivers told the jury how she met her husband on a blind date and they married in 1997. She described how he was always looking to better himself in his career and said t hat's why he took the assignment in the Special Investigations Section, handling drug and vice cases.
Nicole Shivers said the final time she saw her husband alive was the morning of his death, Jan. 17, 200 8. He was sleeping, and she was rushing off to work. They spoke several times that day by phone, the last time about an hour before the 8:30 p.m. raid at Frederick's home.
Nicole Shivers' testimony was brief, and defense attorneys did not cross-examine her.
Roberts, Shivers' partner in the Frederick case, testified at length about the history of the investigation, the informant used and the surveillance conducted.
He described how they pulled up to the house that night in an unmarked van with the lights off. A second group was in an unmarked car, and a marked patrol unit rolled up past the house.
Dressed mostly in black, they "approached in a stealth manner," Roberts said. Shivers was to be the first through the door.
They started pounding on the door, shouting and then trying to break it down with a battering ram.
"I wanted, without a doubt, Mr. Frederick to know that we were the police outside," Detective Sgt. Scott Chambers said.
Then several officers saw a curtain move and called for an "8-ball," which would have meant an immediate burst into the house. Chambers, though, told them to wait in order to give the suspect a few more seconds to surrender.
"In a situation like this, no officer's life is worth dope - marijuana or cocaine," Chambers said. The next thing he recalled seeing, he said, was Shivers lying on the ground.
Roberts' testimony drew the most intense cross-examination after he named the informant - Steven Wright, whose full name is Steven Rene Wright. The police had refused until the trial to name him.
Also for the first time, Wright was identified as the person who alerted police to a break-in at Frederick's house days before the raid.
Wright failed, however, to tell police that it was he who broke into Frederick's garage and stole several marijuana plants, despite being asked "15 times," Roberts said. Police didn't learn that until about three months ago, he said.
Roberts testified that Wright was a new informant but that he proved reliable in a prior case that led to the conviction of a drug dealer. Wright was paid $50 for the information, Roberts said.
Defense attorney James Broccoletti tried to show that police relied on little more than Wright's word before conducting the raid. Detectives acknowledged they had no other evidence that Frederick was dealing marijuana.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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Knock and Announce Searches
In Virginia, no special warrant is required for a "knock and announce" forcible entry search. Case law provides the guidance.
As a result, Knock and Announce searches have become standard procedure in drug searches, whether there is good reason or not. Further, since courts have allowed waits of as little as 15 seconds for the subject to comply, that has become the norm as well. CPD officers testified that because there was no evidence that could be destroyed, there was no need to rush, so Frederick would be given 'extra time' to comply. 25 seconds.
It has become clear we need legislation to restrict the use of forcible entry searches to those cases where they are worth the added risk, but in the meantime, we need a commitment from our local police to change policy accordingly for the safety of both our police and the public.
..look at oneself
Quote: "Police are NOT to blame for the terribly misguided war on drugs."
True. However, as individuals we have a responsibility to decide: "Is what I am doing morally and ethically sound." The excuse made by members of swat teams is often: "I was just following orders." Many members of the nazi party used the same excuse." ..it didn't work.. nor should it be blindly accepted by the citizens in the present. The truth is, you are aren't helping the world when you engage in these types of raids. (If your goal was to somehow reduce use of illicit drugs, then you have failed miserably; and, you have had many years to prove your case. No dice).
Interesting, very interesting....
A sergeant that went to the garage testified that he heard the entry team knocking and announcing their presence but did not hear anyone call the alleged "8-ball" meaning the raid was compromised. Another detective testified that he saw someone moving through the house and yelled that fact out but got no response that his warning was heard by any of the rest of the raid team. A third detective that also went to the garage testified that he heard NOTHING- not even the knocking and announcing- until he heard the gunfire. Seems to me the prosecutors case is falling apart before his very eyes. Unless the search warrant affidavit gave very specific information that qualified the search warrant to be "unnanounced" the police MUST knock, announce their presence, and give anyone inside a reasonable amount of time to answer. No armchair qb'ing here, no CSI or Law and Order 101, I know this to be fact. I haven't seen the affidavit or search warrant so I don't know if this was an immediate entry raid or not.
Good grief
Some of these people here that have read the posting of the laws, seem to not want to follow the law, just because "THEY" think things could have been done differently. They may well could have been done differently, and the tactics will come out in the trial and will more than likely be changed. That does not however change the fact that Ryan Frederick is guilty of manslaughter. And these same people that answer they would have done what Frederick did, would be facing manslaughter charges as well. Property that is stolen can be replaced, lives can not. Ryan Frederick had enough time to get out of bed, grab a gun, run to the door and shoot. Which means he also had time to get up and run out the back door. The law states you have no right to shoot someone entering your house. There have been several home invasions around the area where doors were kicked in and the occupants tied up and not hurt. Some of these people just hate the police, or the laws so much, they refuse to see the truth.
Whatever...
"I'm from the old school "shoot first, ask or answer questions later" Youre gonna either end up in prison or dead with that type of attitude...and as far as gun control being able to hit youre target...thats not what RF did or is it? May he rot in prison...
Self Defense
I try putting myself in Ryan's shoes (aside from personal use of pot). I'm dead asleep. My bedroom is on the opposite side of the house like many homes. Someone begins pounding on the door but I may not wake up right away. The dogs begin to bark - they're in a room next to mine and between me and the front door. I doubt I'd hear what's being yelled over the constant barking and "knocking". My house was broke into a few nights before and my first thought: it's happening again. I grab my legal gun and as I approach, the door begins to break and all I see is an arm with no identifying mark. Would I shoot? Count on it. I feel my life is in immediate danger and my actions would be legal. That arm is INSIDE my house, meaning entry already occurred.
Frederick case
I would like to know how the poolice got a search warrant for the house. Even if the information that was given by the informant was true, it was several days old with now new information to indicate that the drugs were still there. From what I have seen, the information was outdated which causes Law Enforcement to lose its probable cause. Did the police have additiional P/Cto obtain a valid search warrant. If not, there should be plenty of blame to go around. From the detectives, their supervisors, and the magistrate who signed the search warrant. If there was more P/C great, if not I am concerned.
ryan frederick
BM Smith, thank you for your calm, rational discourse. Police are NOT to blame for the terribly misguided war on drugs. They merely enforce these archaic laws, it is up to our legislators to change things. Hopefully the new Obama administration will foster new and sane drug laws. Meanwhile, my heart goes out to both families, innocent victims all, of this misdirection of effort and money. The "war" on drugs should have died with Reagan.
frederick trial
Bottom line is an officer lost his life doing his job leaving behind a wife and children as well as friends and co-workers. facts: marijuana is still illegal in all 50 states and I have to wonder if Ryan Frederick had nothing to hide- would he have shot through the door?? It is indeed sad that a young mans life is destroyed due to his actions; however, he made a choice to shoot and took a life and must pay the consequences for his choice and actions.
free RF
This is a reply to tonyh85046's presentation of the LAW and his interpretation..."It looks to me that this case does not meet any of the criteria for self defense."
Let me come busting down your door, with multiple in the middle of a cold winter night and see if you think self defense actually means waiting until it is too late to do anything. You sound like very easy prey! I'm sorry, but where I come from gun control means having good aim. I'm from the old school "shoot first, ask or answer questions later". At least RF is alive and able to tell his side even if the GOOD OLE BOYS can't believe what they themselves witnessed.
Legitimate Self Defense
Tony cites the law concerning self defense: "The owner may resist the entry of his dwelling but he HAS NO RIGHT TO KILL, unless it be rendered necessary to prevent loss of life or great bodily harm." If someone is violently breaking through your door, they probably aren't looking to borrow a cup of sugar. One may assume great bodily harm at very least and in a panic, not carefully review options. Many of us would behave as Fredericks in defending ourselves and our homes. The Chesapeake Police were way out of line in this case.
I have one question...
If it would have been the "reliable informant" who was shot and killed while busting down the door, would Ryan Fredricks have spent this last year in jail?
Spread the Love (cont)
hundreds of thousands of people a year! "Legal" drug dealers. Wake up America, and stop being pawns of these industries
Believe me when I say....
Broccoletti is one very smart, very shrewd, very cunning attorney. I have used different attornies for different matters over the years and literally know hundreds of lawyers. I have gone against Mr. Broccoletti in the past and he knows exactly what he is doing. If I were to be face serious criminal charges, especially something of this caliber, Mr. Broccoletti is the one at the top of a VERY short list of attornies I would even consider to represent me. On top of all his qualifications as an expert criminal lawyer- he is one helluva nice guy to know!
Spread the Love
Come on people. You cannot honestly believe that some young punk kid selling a little pot knowingly would shoot a police officer!! What happened, happened, second degree manslaughter, guilty. Its so sad that his whole life is ruined, and the officer is dead because of a little marijuana, and a couple hundred dollars in tax evasion! Legalize marijuana so the vicious cycle of gangs and violence does not surround this wonderful herb which God gave us.
Genesis 1:29 "And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in which is the fruit of a tree yielding seed; to you it shall be for meat."
Notice how he says nothing of eating animals!
The violence surrounding marijuana is directly related to its prohibition. Virginia and the Frederal Government need to catch up with the rest of the nation in legalizing marijuana. If the pharmaceutical companies, and the american medical association didn't have their money involved it would already be a done deal. Unfortunately they are making billions on surgery and pharmaceuticals for disease and symptoms marijuana can effectively cure, and it does so without killing hun
To all you on here that complain about people's opinions:
"When the people fear their government, there is tyranny;
When the government fears the people, there is liberty."
- Thomas Jefferson
carole59449
According to Doc Tabor's web site, Tidewater Liberty, the defense already made a motion for a mistrial, but they also requested a delay on that decision from the judge pending further testimony. I think he still has the option of dropping that delay since he wants to see all that the prosecution has to offer. This is also probably why he did not object to the widow testifying because he wanted that option. Just another card in his hand to play and it sounds like he is playing it well. I think, also, there is a lot of body language with the jury that is watched by the defense to clue them in on reactions to different items and if he thinks it is going well, he may not want to ask for the mistrial to be ruled upon.
Accountability, part 2
The other disturbing item about this case was Detective Shiver's use of testimony from a person with a questionable background, under questionable circumstances, as the primary justification for raiding the home of a person who came up clean on a background check. And a reasonable person would have to wonder why Shivers or Roberts didn't "pull the string" about the burglary that Wright mentioned two days before the raid was carried out. Burglary is still a crime, and it should be prosecuted by the CPD, even if it means going after your "informant". This is a simple concept called "Integrity". If we as citizens are going to give you a gun and a badge and the authority to use both, we absolutely demand you follow the all the rules. Given what has been reported in the pilot about how Shivers got his information, I highly question both his and Roberts integrity. If that is how police are going to act, I would rather not have them around - let me carry a gun and fend for myself. A crook coming after me is a far less fearsome prospect than a corrupt police officer coming after me.
Wait And See
I think that Mr. Broccoletti's failure to move for a mistrial or to object to the widow being called is a tactic that will allow him to be permitted to call character witnesses for the defendant,to perhaps bring in other evidence outlining faulty police procedures, and to state in closing arguments how the prosecution has manipulated this trial. He may be aware of the futility of playing his hand now due to his "inside" knowledge of the people involved in prosecuting and judging this case. Just wondering and speculating.
The more I read, the more I think the end result of all this is involuntary manslaughter. I don't think Frederick will be freed unless he gets time served. The scary part is the civil suit that Shivers' widow might be filing. I swear this whole thing feels like a practice raid foisted upon some small-time user with no record that went horribly wrong. I post a big "ditto" to Dr. Tabor's comments concerning police states.
Losers?
Guardian posted "Losers: ... You know, some of you seem to have an abundance of law enforcement knowledge and seem to think that you would do a much better job. Why don't you become cops and show us how it really should be done?" Really?
I think the title of his comment and the apparent attitude behind it really speaks to what the problem is with this case and others. We are not the enemy (citizens). Do the job by the book, and don't overstep your authority with grandstanding tactics like SWAT raids on citizens with no criminal record, no history of criminal activity, little/no evidence, and the 2nd time word of a criminal accusing the citizen. Maybe that was by the book, but it's hard to fathom.
I BELIEVE this could have gone down so much differently (and without the loss of life) if some common sense and preliminary investigation/background work was used. Be sure that if they came to my door the way CPD did, woke me from sleep by breaking down my door, you would have received far more than a couple .380 rounds as the door crumbled. CPD blew this one big-time! I hope they learned from it.