In closing, attorneys paint different pictures of Frederick

CHESAPEAKE

In closing arguments Monday, a prosecutor painted murder suspect Ryan Frederick as a Jekyll and Hyde character who changes his mood to suit his needs.

Frederick's attorney countered to jurors to use their common sense and put themselves in the defendant's shoes.

After hearing closing statements, jurors were told to return this morning to begin deliberations. They will decide whether Frederick should be found guilty in the Jan. 17, 2008, death of Detective Jarrod Shivers.

Circuit Court Judge Marjorie A.T. Arrington told jurors that if they could not find Frederick guilty of capital murder, they could consider lesser charges of first-degree murder, second-degree murder or manslaughter. Frederick also faces charges of use of a firearm and growing marijuana.

Shivers and a team of narcotics detectives were serving a search warrant when Frederick fired a gun from inside his home, striking the detective who would have been the first one through the door. Frederick said he fired in self-defense.

"He's as close to Jekyll and Hyde as you would ever see," Richard Conway, one of three special prosecutors from Prince William County, told the jury.

During Frederick's testimony, he was arrogant, angry, teary, combative and evasive, Conway said, suggesting it was largely an act.

"Do not be fooled by his attempt at grief," he said.

"If he's going to lie about his marijuana operation, what do you expect out of him with respect to the shooting of Detective Shivers?"

Frederick claims he grew marijuana for his personal use, but prosecutors say they believe he was selling it. They also say he lied about seeing an arm and a face coming through his front door after police smashed it the night of the raid.

Conway asked the jury to believe the testimony of the "knights and knaves" who paraded in and out of court during the past two weeks of the trial. The knaves included jailhouse and police informants, whose credibility were called into question by the defense team.

"Steve Wright is not a good guy," Conway said of the informant who broke into Frederick's garage and stole his marijuana three days before the raid. He was the only person to tell police about Frederick's marijuana operation.

"It wasn't an easy road to get the truth out of Steven Wright," he said, acknowledging that Wright lied to police repeatedly.

Defense attorney James Broccoletti told the jury that acquitting Frederick would not mean they were being disrespectful to the Shivers family. He asked that they not return a verdict based on grief, compassion or sympathy.

"We could go another two weeks and not be sorry enough," he said.

The shooting, Broccoletti said, "was absolutely unintended."

"All your verdict says is they have not proven their case beyond a reasonable doubt," he added.

He pointed out the "extraordinary" credibility problems on the part of some of the prosecution witnesses and asked the jury members to use their common sense.

Broccoletti asked the jury to recall the video of the interview between Frederick and two detectives, right after the shooting, where Frederick can be seen throwing up, crying and curling himself up into a ball.

"You saw how nervous he was, how distraught, how upset he was in that interview," Broccoletti said. "Is that someone who knowingly kills a police officer?"

He said Frederick had a reasonable fear of death or serious bodily harm. That's the definition of self-defense.

"You have to put yourself in his shoes," Broccoletti said. "Why would you shoot through an open door but to protect yourself?"

Special Prosecutor Paul Ebert had the last word. He acknowledged that some of the witnesses had credibility issues but said a capital murder conviction can be reached despite the questionable testimony.

"Sometimes, you have to pet a skunk to catch another one," Ebert said.

He said Frederick's self-defense argument doesn't hold up and that he knew police would be coming to his house.

"If you think the police officers are lying, acquit him," Ebert said. "If you believe the testimony in this case, he's guilty."

Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com