Decision moves Frederick case into unfamiliar territory

CHESAPEAKE

The voluntary-manslaughter verdict Wednesday in the shooting death of a Chesapeake police officer is unusual in Virginia, and it could lead to a precedent-setting appeal.

Some legal analysts said Thursday a manslaughter conviction against someone shooting blindly through a door, as Ryan Frederick did, appeared the proper result. Others speculated that it was the result of a compromise in the jury room.

"This case is probably one of the most unique cases I've ever heard of," said Norfolk defense attorney Michael F. Fasanaro Jr. "The facts of this case were so unusual that I can't imagine you could find a duplicate case."

The Virginian-Pilot reviewed about 150 manslaughter appeals cases dating back to 1995 and could not find one involving the shooting of a police officer.

Capital murder of a police officer required prosecutors to show that Frederick's actions were willful, deliberate, premeditated and intentional. In other words, he must have known he was shooting at a police officer and had planned, even if in a split-second, to kill Chesapeake Detective Jarrod Shivers while the officer was performing official duties.

Instead, a Circuit Court jury on Wednesday found Frederick guilty of voluntary manslaughter, a common-law statute defined as the unlawful killing of another in the heat of passion or upon reasonable provocation or in mutual combat, but without malice.

Shivers and other officers were executing a search warrant looking for marijuana plants at Frederick's house the night of Jan. 17, 2008, when Frederick fired through his front door. Frederick said he didn't know it was police trying to enter his home.

The most common voluntary-manslaughter cases involve deaths between two people fighting. Drug-dealer shootings often fall into this category.

Involuntary manslaughter involves conduct so gross, wanton and culpable as to show a reckless disregard for human life, according to Virginia common-law statute. Drunken-driving fatalities often fall into this category.

Frederick's attorney, James Broccoletti, said he plans to appeal Judge Marjorie A.T. Arrington's decision to give the jury five homicide options: capital murder, first- or second-degree murder, or voluntary or involuntary manslaughter.

Broccoletti said he asked the judge to instruct the jury only on capital murder and involuntary manslaughter. He said he thought Frederick might have had a better shot at an acquittal on self-defense grounds if the jury had been given more-limited instructions.

He said this would be the first appeal of this kind of case he's ever heard of.

Virginia Beach attorney Lawrence H. Woodward Jr., who currently represents six murder defendants, said shooting through a hole in a closed door isn't self-defense. "In general, when someone discharges a firearm the law holds you to a high level of responsibility. You can't, quote, shoot first and ask questions later," Woodward said.

The defense team considered it a compromise verdict.

"All juries compromise," said Andrew Protogyrou, a Norfolk defense attorney who was not involved in the case.

"If people don't think 12 people in a box don't compromise so they can go home for the weekend, then they don't know our system," he said. "When someone is looking at life in prison with no parole and comes out with some kind of compromise verdict, it just goes to show that counsel in the case just did a great job."

The Virginian-Pilot reached two Frederick jurors, and both declined to comment. Messages left for five others were not returned, and a sixth did not answer.

Just before sending jurors home Wednesday, Arrington cautioned them about speaking to the media. "Think very seriously before discussing the case" with the media, she told them, adding that people are often "misquoted, taken out of context or misconstrued."

Meanwhile, a representative of Chesapeake police officers continued to defend officers' actions the night of the raid.

Shivers and the other officers involved in the raid were following procedure, said Jack Crimmins, president of the Chesapeake Coalition of Police.

"And that's a policy that's not just used by our police department but police departments across the country," he said.

According to court testimony, officers had conducted three or four raids earlier that week and hundreds before that without any fatalities.

"It was a raid that ended tragically," Crimmins said. "We did nothing wrong. The thing nobody wants to focus on is there was one person engaged in illegal activity. And that was Ryan Frederick."

The outcome of an internal Chesapeake Police Department investigation into the fatal shooting has not been made public. But police said in August that except for equipping its special investigations section with more protective tactical vests, there would be no changes to policy or procedure.

Asked if policy would be re-evaluated in light of the verdict, Police Chief Kelvin Wright issued this statement:

"We are constantly evaluating our practices and procedures to protect both the public and our officers. To do otherwise would be irresponsible. We remain committed to keeping our city safe and will adjust our focus, direction and processes accordingly to meet our law enforcement mandate."

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

Kristin Davis, (757) 222-5555, kristin.davis@pilotonline.com