The Virginian-Pilot
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A Virginia Court of Appeals judge has denied Ryan Frederick's bid to overturn his conviction for killing a city police officer.
A jury found him guilty last year of voluntary manslaughter for killing Detective Jarrod Shivers during a raid on Frederick's South Norfolk home. A judge sentenced Frederick to 10 years in prison.
Eric Korslund, Frederick's attorney, said he would continue to appeal to win a new trial.
"Unfortunately, we're not shocked by the decision by the Court of Appeals," Korslund said. "This definitely isn't over by any means."
The appeals judge, unnamed in a six-page decision given to lawyers Wednesday, rejected arguments that the trial and procedures contained significant errors. Frederick wants a new trial.
Chesapeake police raided Frederick's home with a search warrant for narcotics in January 2008. Frederick said he believed his home was being burglarized and fired a single shot, according to court hearings.
Shivers, a 34-year-old Navy veteran and father of three, was struck and killed.
Frederick was charged with capital murder, use of a firearm while committing a murder and manufacturing marijuana. A jury opted instead to convict him of voluntary manslaughter and misdemeanor possession of marijuana.
The appeals court judge wrote there was sufficient evidence to prove Frederick committed voluntary manslaughter. Based on the evidence, the judge wrote, the jury could find that Frederick "shot in fear and without reflection," two components of the charge.
The appeals judge also wrote that the trial judge, Circuit Court Judge Marjorie A.T. Arrington, was correct to allow evidence of prior drug sales and instruct the jury on voluntary manslaughter.
Korslund said Frederick will continue his appeal. Korslund said he expects to argue before a three-judge panel next and will take the case to the Supreme Court of Virginia if necessary.
The special prosecutor, Paul Ebert, could not be reached for comment.
Louis Hansen, (757) 222-5221, louis.hansen@pilotonline.com
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Human Tragedy and Legal Travesty.
This is a Human Tragedy and Legal Travesty. Free Ryan Frederick!!
twomiller
Alot of Ryan's supporters are people that actually know Ryan and know that there is NO WAY he would ever intentionally hurt anyone, let alone kill anyone unless he thought his own life was in danger, that's the truth. He has apologized over and over for the tragedy that occurred, now if only Chesapeake would acknowledge their mistakes and actually be held accountable for what they did wrong as well....
Re NO WAY
Tell that to the families of the three dead people in St. Louis. All of the people said the shooter was a great guy and thye are shocked by the news.
I bet you never thought a 17 year old would be apart of one of the deadliest crime sprees in this nation. He helped shut down much of DC and I-95 towards Richmond, VA.
Re NO WAY
Tell that to the families of the three dead people in St. Louis. All of the people said the shooter was a great guy and thye are shocked by the news.
I bet you never thought a 17 year old we apart of one of the deadliest crime sprees in this nation. He helped shut down much of DC and I-95 towards Richmond, VA.
let's be honest,
after reading reading many posts of RF supporters on different subjects, I have come to the conclusion that the support is primarily based on emotions & fantasy. I have no doubt these supporters would change their tune if RF was named Jamal Abdullah Johnson & lived in Park Place or off of Church Street. This will be denied & attempts will be made to accuse me of race-baiting or worse. I'm only commenting on the reality I read within the posts of many of these RF supporters.
Ryan should be free!! This
Ryan should be free!! This is just wrong!!
Ryan supporter - sort of
I was one of those Ryan Supporters, but only in the relm of his being tried for capital murder. While I did not attend the trial, I've read much of the information regarding the fiasco. The jury did right by not convicting him of capital murder, and they were also right by convicting him of manslaughter. "But not for the fact" that he was growing marijuana - an illegal act regardless of amount - none of this would have happened.
As a Trained and liscensed handgun owner....
I am appalled on the verdict and the attempts to get an appeal! You DO NOT shoot your gun unless you are ready to kill/destroy something PERIOD. You DO NOT shoot thru a solid object unless you know what you are shooting at!! I do not care if it is 2 am or 7 pm. HE knew the consequences when he pointed his gun and shot THRU a closed DOOR. IT doesnt mater who was behind it. This could be soo much easier.... questions you need to ask...Who shot the weapon that killed the victim? Person A. What happpened to the victim? Death by gunshot. What is the punishment? MURDER.
Man, maybe I better move
out of Chesapeake, you too Doc, and all the others that say the CPD is so messed up and don't know what they're doing. Or better yet, why don't you guys become the police since you know better than those that are trained to do the job. It's a wonder the criminals don't have free run of Chesapeake with all these Barney Fifes running around not knowing what they're doing and letting Otis spend the night and then releasing him when he's sobered up because they know him.
Wow.
(Notice the sarcasm)
Narrow your focus
I would not go so far as to say the entire Chesapeake Police Dept is incompetent. On the contrary, I would say most are highly professional and truly desire to help the public.
I would direct my criticism to the Special Investigations Unit (Narcotics) who would seem to be out-of-control cowboys so filled with zeal that they ignore the Constitution, accepted procedures from across the country(like using a bullhorn to announce or phoning before initiating forced entry when there is no evidence to be destroyed) and worst of all, simple common sense. They are a far greater danger to the public than the drugs they pursue.
I would also condemn their superiors and others in city government who shield their reckless procedures from public oversight. Anyone in a position of authority who could look at the way that raid was conducted and allow it to happen again should be removed from office.