CHESAPEAKE
The trial of Ryan Frederick in the shooting death of a police officer - a case that tore apart two families and a community - left all sides disappointed Wednesday.
The jury refused to convict Frederick of capital murder but recommended a maximum 10-year prison term for voluntary manslaughter.
Family, friends and colleagues of Detective Jarrod Shivers, shot and killed by Frederick on Jan. 17, 2008, wept in astonishment as the jury returned its verdict. Across the aisle, Frederick's family and supporters were relieved.
About an hour later, the jury returned with its recommended sentence, and the emotions turned.
"Yes!" could be heard from a number of people on the Shivers side.
Those on Frederick's side began to weep.
Sheryl Morales, an aunt of Frederick's, initially said she was grateful about the verdict.
"I knew he was telling the truth from the beginning," she said. "I was hoping for the best. An acquittal would have been better."
After the sentencing, she ran from the courthouse in tears. Only a friend of Frederick's remained to talk.
"I think it's a shame that a good young man like Ryan Frederick should spend 10 years in prison with a bunch of thugs," said the friend, who identified himself as Frederick Stump. "I feel sorry for the Shivers family, but I also feel sorry for Ryan."
Special prosecutor Paul Ebert said Shivers' family "was very upset" and did not want to talk afterward.
"I think it's just an extreme tragedy," he said.
Frederick could have faced life in prison for a capital murder conviction. Instead, the jurors opted for voluntary manslaughter, a charge defined as a killing in the heat of passion and one of the other options given to them by the judge before the deliberations began. Afterward, neither side said the verdict was appropriate.
"The people decided he was not acting in self-defense but in the heat of passion," Ebert said. "That's usually two people in a fight. There was no fight here."
Frederick's attorney, James Broccoletti, though grateful his client didn't get a capital murder conviction, agreed that this was not a "heat of passion" killing.
He vowed to appeal, saying the 10-year maximum sentence reflected the jury's "outrage and emotion" but ignored his client's clean record and character.
"This case isn't over by a long shot," he said.
The jury acquitted Frederick of use of a firearm in the commission of murder. It did convict him of misdemeanor possession of marijuana and recommended a 30-day jail sentence and a $500 fine.
The jury rejected the prosecution's contention that Frederick was growing marijuana for distribution, apparently disregarding the testimony of Steven Rene Wright, a police informant who turned in Frederick.
The victim's widow, Nicole Shivers, sat in the front row on each of the trial's 12 days. She testified at the start of the trial and wanted to testify during the sentencing phase but was too distraught, Ebert said.
As she waited for the jury to return with the sentence, she clutched tissues and wept silently into the shoulders of her family and friends. She left the courtroom before the sentence was read.
The panel also apparently rejected the testimony of jailhouse informant Jamal Skeeter, who also goes by Jamaal. He testified that Frederick said in jail that he saw the police outside his home before he fired.
That was the only evidence the prosecution presented to show that Frederick knew police were outside, but Skeeter's reputation sank after the defense discovered Skeeter's history as a frequent witness looking to shave time off his 14-year prison term.
Circuit Court Judge Marjorie A.T. Arrington set the formal sentencing date for May 8. She can opt to suspend some of the jury's recommended sentence.
For the Shivers family and the Police Department, the verdict did not provide closure.
"Closure?" said Jack Crimmins, president of the Chesapeake Coalition of Police. "There's no closure."
"Their verdict today has jeopardized the lives of police officers," Crimmins said. "I think the jury failed. They failed the community. You've got a man involved in an illegal enterprise, the police come to his house, and he takes the matter into his own hands."
After the verdict, Ebert, the special prosecutor from Prince William County, pleaded with the jury to give the family solace and "sheer retribution" by recommending the maximum 10-year sentence for manslaughter.
In tearful testimony during the sentencing phase, Shivers' father and sister described what the last year has been like.
Jennifer Shivers of Oakland, Calif., said Shivers' young son often runs to the front door wondering when his dad is coming home, and his oldest daughter still has nightmares of her dad trapped in a box.
"It kills me," she said.
James R. Shivers of Downingtown, Pa., told the jury about his son's childhood heroes, how he volunteered as a firefighter at 16 and then served in the Navy for eight years before dedicating a career to police work.
He recalled how, two months before he died, his son insisted on a family portrait with all four generations of Shiverses in the picture. He held up the picture for the jury to see.
"Everybody has been healing a little bit every day," he told the jury.
"We may never be completely healed," he continued. "I've never been through this before."
Pilot writer Kristin Davis contributed to this report.
Tim McGlone, (757) 446-2343, tim.mcglone@pilotonline.com
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1 man dead and another in
1 man dead and another in jail for 10 years. So in essence if he wasnt a criminal he sure as heck will be when he gets out, and im sure he will be PIST. Have fun with that!
I must lol because this whole thing was over a PLANT. LMAO! Justice system worked? yea okay...
I liked the part of the Japenese Maples! They are a VERY common bonsai tree.. I actually have a bunch growing currently as well in my house! At least now I know to just kill anything that moves being as ill be going to jail while violating every right I have.
LOL a plant!!!!!!! 16 officers for 1 skinny white boy growing a plant!!! And on top of that the cop got owned! Massive fail! 100 pound white boy out does trained swat!
I feel sorry for Ryan.. Im more in the boat of not caring even if he was growing pot. You send 16 officers for a kid growing pot? Seriously find something better to do...
Ryan
admitted to sharing his drugs with friends. That's distribution. 1 doesn't have to sell to distribute. I spent years in narcotics, undercover & just plainclothes, on local state & federal levels. There are 6 attorneys in my family. There are FBI, DEA,& other fed agents, a C A & a retired federal judge. There are many reasons drug arrests-raids are done in this manner. Policies & methods are under constant review, in most jurisdictions. The last thing officers would want is an altercation at a place of work, in which the chance of unwanted casualties would skyrocket. More officers would be off the street, due to 1 group having to be at the workplace & another at the home to ensure a possible accomplice doesn't destroy evidence. A co worker, aware of the defendant's drug activities, could drop a dime.
twomiler2
Hey....I believe there is room for ALL to learn a lesson from of this. I know it has weighed heavy on my mind, heart and soul looking at both sides. It is really sad all the way around. Given I have LEO in my immediate family, I do try to weigh both sides and look up above for answers. I think we all need to think outside of the box in this one. Wisdom comes with experience and life itself. There is more than one side.
OK twomiler2
I have a child the same age, so just an expression of speech. I ALWAYS become alerted when my Lab barks profusely. I don't believe RF admitted to any distributing, but, had it for himself. I relate distributing to selling rather than sharing with friends. I suppose coming from the hippy era, I don’t see a recreational smoker as a reason for CPD to justify the raid they did based on the word of known liars and convicted criminals without doing their own homework. I am in no way saying that RF was right. Just that blames needs to be fairly shared. Had CPD not over killed, RF wouldn't be in jail, and Det Shrivers would still be here. I do believe RF used poor judgment, but, so did CPD. RF doesn’t fit the bill of most cop killers.
Karen,
there's been no mention that Ryan is mentally challenged. So, how in the world do you call him a child? Yes, it was his door, that he admitted he he had heard knocked upon. Then he decided to get his gun because his dogs were acting up. He never said they were barking so loud that he couldn't hear anything else. He went to his door, saw an empty hand, reaching in where the panel had been broken, & decided to shoot, twice. He tried to shoot more but his gun jammed. He was never in immediate danger of serious bodily harm or death, as per Va. law on self defense. In Va., to plead self defense, 1 has to implicitly admit the killing of the victim was intentional. He then has to prove justifiable excuse for his actions & his actions can't arise out of his misconduct. Ryan admitted to growing & distributing marijuana. That's misconduct. Why didn't he buy an alarm system, motion lights, etc? That would have been cheaper than a gun,(unless he got a "steal"), & wiser.
Illegal Enterprise?
Thought they determined that he wasn't growing any weed and the closest thing he has was some Japanese Maples in his yard? Of course they look like weed plants to the untrained eye but the police are supposed to be trained in that sort of thing aren't they?
Basically they relied on the word of some snitches who mistook some legal plants for illegal ones. And then instead of doing actual police work they do a no knock raid that gets one of their own guys killed.
An Incompetent police force is what caused this tragedy.
No knock warrants are wrong for 90% of the situations they are used in and are to blame also.
I wonder if the outcome of this trial would of been any different if Virginia had some sort of Castle Doctrine in state law.
MEMYSELFANDI insinuates that
MEMYSELFANDI insinuates that it would be a smiley face on RF's record if he were to apologize. As a police officer this poster understands this is not possible. It is a grey area that a person in the know would use to make the defendant appear callous. An apology from RF could be used to his detriment in court. To apologize could infer guilt to memebrs of the jury if presented as evidence. This person making the posts is attempting to manipualte known standards within a courtroom. It has nothing to do with how sorry RF actually is. But as a police officer this person can play it either way. We all know how sorry the kid is because we watched it on tape. Pure spin. Welcome ot the system we have not only created but feed every day we allow this to continue. Most of you will have very little concern when this is no longer a headline. It happens everyday though.
breal4real
Lemme see banging at the door...kind of late...bad guys? Terrorists? Neighbor whose spouse is whooping on them? Neighbor whose house is on fire and is desperately looking for someone to call the fire department?
Nope - it's gotta be bad guys and since I happen to have a loaded weapon next to me I'll just fire through the closed door.
BREAL4REAL-you are spot on! Good on ya!
Mythoughts??
Or could it have been that everyone of the jurors felt he did know it was the cops...but just lacked the evidence to get a solid conviction?? Some of you really amaze me. The fact is that RF shot at a target that he was not 100% sure was going to harm him. You just can't do that. Please...all of you with "it's the CPD's fault" attitudes...take a gun safety course and you will learn the laws pertaining to the use of deadly force. He is responsible for this death and for the consequences that came to be. This case proves another thing as well...that if you want to own a firearm, it should be required that you are educated on when and how to use it first. That, you "I would have done the same thing" morons...is what could have prevented this. Oh yeah...RF not growing pot could have prevented this also...but funny you don't want to admit that part. No growing pot...no need for the warrant...no need for the cops to show up...and no reason, at least at the time, for RF to recklessly discharge his firearm. So simple...even my 12 year old nephew can understand.
Just Punishment?
Let's see what the judge gives Ryan, and how it compares to other "voluntary manslaughter" convictions. How many times have we seen people killed by a drunk driver and many times that drunk gets probation or 1-3 years max in prison?
The problem often times is passion becomes part of the sentencing equation. Great example: a man throws a kitten out the window of his car and suddenly there's outrage and screams of long prison terms, but if a drunk (or even sober!) person runs a light and kills another person, that outcry is suddenly quite muffled. Funny how that works.
RE JKBRENT, YOU REALLY KNOW HOW
Snowrider, CPD angled it on their own selves. Their actions that night, and their conduct of a slipshod investigation of RF, based on the word of a liar trying to cop a plea deal, say more than any words I can use. And, while RF sits in jail a decade for defending his home and Shivers is of this world no more, Wright is already a free man (a gift for perjury on the witness stand) and for all we know Turnbul and Skeeter, will be free in the near future. Then all three will be back out on the street laughing at CPD and RF both en route to their next crime against someone else. And, that is the most rotten aspect of this whole case.
to "gsd"
I cannot believe for a split second that you can find a way to compare RF to the two guys in Va Beach, one of which shot that Detective. They both had extensive criminal histories and were way outside the confines of their residence behind a locked door. And weren't they selling alot more that night than RF probably could grow in a year?
Once again I wish all posters who decide to compare, please do it fairly.
I haven't done this in a while but I will renew my sadness of the fact Det Shivers lost his life and his family lost a husband, father and son.
Fair Sentence???????
Virginia established Sentencing Guidelines when they abolished parole. Based on these guidelines Ryan Frederick would be sentenced to incarceration for 6 months or probation w/ no incarceration.
However, when you have a trial by jury, "by law, juries are not allowed to receive any information regarding the sentencing guidelines." *
Can anyone tell me WHY it is illegal to share this information with the jury?
*pg 30 of 2008 Annual Report Virginia Criminal Sentencing Committee
BUT...it wasn't his garage
BUT...it wasn't his garage that was being broke into that night. It was his living quarters. This comment is NOT meant to say that there was no wrong doing, BUT, rather point out the circumstances. This child did NOT mean to kill a police officer. Jail cells are meant for those who DO. This man had a job, was self supporting and the word of a known criminal's word was taken without proper investigation. CPD is responsible for Det Shivers death. NOT Ryan Frederick. CPD needs to regroup and find out what is wrong with their tactics, as well as other departments for the safety of their own lives and the well being of the citizens they are suppose to protect.
Sorry Conrads.
Sorry Conrads,
It appears that The Chesapeake Police can get themselves a warrant to burst though your door, anytime a reliable snitch, tips them that you are doing something that they don't like, especially if you have been mean to the snitch.
After they really screwed up, they got themselves a lying Prosecuter......
Stay Gold,
TPB
I'm Disgusted!
After the jury said, voluntary manslaughter, they basically admitted that they did NOT believe RF thought it was a cop or it would have been capitol murder. So, if it had been a burglar breaking in to RF's house, would he have gotten 10 years?! No! It's terrible. The CPD could have served the warrant on Ryan's way to work or on his way home. They had observed him for 2 months. There was NO need for this excessive and surprise force. It was a tragedy for the Shiver and Frederick family. But, the CPD was not put on trial.... they were the ones who were truly guilty of causing his death. Shame on the jury for giving 10 years based on the fact that it was a police officer and not a regualr citizen. They already acknowledged that RF did not know it was an officer.
Again ptownbc,
it was a detached garage which was broken into. Not the actual home. I speak from years of experience in bringing drug cases to court. Yes, if you prepare to kill someone you think may enter your home, that's premeditated, because you prepared. Most people would be able to report a break in to the police. Most people, if in fear of their life from a particular person or group of persons, would notify the police. Why didn't Ryan do this? Oh that's right, he was operating an illegal enterprise in his home. To the poster commenting that the police took 45 min. to respond. If your wife explained to the dispatcher that you had interrupted the burglary & the crooks had fled, the police wouldn't treat it as a felony crime in process.
Drug Law!
Anyone out there thinking that drugs will become legalized in any form is dreaming. Too many people are making money with the distribution and sale from top to bottom. Any legalization would result in less money for lawyers, a reduction in the need for prosecutors and judges, fewer judges in the appellate system. less money for the corrupt police officers, judges and lawyers, a reduction in prison space and correction officers, and a reduction in money that is laundered within the financial system. Other reasons are out there, but the bottom line is the drug trade has been very lucrative for too many influential politicans and lawyers. Other unfortunate people pay for this policy with their lives.
Finding Closure "Reference Ryan Frederick Verdict"
I have been following the trial of Ryan Frederick and I understand the hurt of the Shivers family and the officers who protect us each and everyday. I read about some people saying they have no closure and that hurts me that you have all that unhealthy stress on your heart. From what I understand Det Shivers was a outstanding officer doing the job he loved. But what we are forgetting whether it be officer, doctor, pilot we are all human, and we make mistakes and sometimes unfortunately life or lives are lost. So if a poll was taken of 100 Americans if someone broke in your house then later you hear them come back tearing through your door, would you shoot them to protect your family? I think most people would protect themselves. I do not think the police dept have anything to worry about as far as safety of their ofc as long as they follow protocol. I would assume they would knock normally and serve a search warrant or LOUDLY Announcing themselves before busting the door in. If I was Ofc Shivers I would not want anyone to be punished because of the one bad decision I made. Just focus on the many right decisions that he made for his beautiful family and the community. May God Be Wi
MemyselfI
That's an interesting comment, MemyselfandI, how would you know whether Ryan Frederick had written an apology or not?
Unless of course, you are...