The Virginian-Pilot
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Virginia Supreme Court justices asked the lawyer for Ryan Frederick several "what if" questions Tuesday. Frederick is appealing his voluntary manslaughter conviction in the shooting death of a Chesapeake police detective during a drug raid in 2008.
What if, the justices asked defense attorney Eric Korslund, a magistrate had issued the fateful search warrant for the raid knowing that supporting evidence came from an informant's break-in, which was revealed later?
What if Frederick was angry as well as fearful when he fired a shot as police broke down his door? Acting in anger also could reduce a murder to manslaughter.
The justices cautioned against reading too much into their questions, Korslund said in a phone interview after the 10-minute hearing.
The state's highest panel must decide whether it finds Frederick has presented enough of a legal question to grant his appeal. If it does, it then would consider full arguments for and against Frederick's claims and would determine whether he deserved a new trial. The lower Virginia Court of Appeals denied the same request in May.
Korslund has raised issues about what the magistrate was told and whether the Chesapeake trial jury should've been given the option of choosing manslaughter, as it did.
Frederick claimed self-defense against unknown attackers to explain why he fired a shot as police broke into his South Norfolk home in January 2008. Officer Jarrod Shivers, 34, was fatally wounded.
A jury in February 2009 convicted Frederick, then 29, and recommended a 10-year sentence.
"I could see it going either way," Korslund said. "I would not be surprised if they deny our appeal. Then again, I think we've raised some pretty good issues that are worthy of further review."
Matthew Bowers, (757) 222-5221, matthew.bowers@pilotonline.com
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CPD
Don't trust 'em, don't like 'em! This case has been the cherry on top of the disgusting dessert that is CPD. I don't like to bash, especially not directly when someone isn't present, though this is one of several deeply negative events that has near permanently tarnished CPDs credibility with me. From stories I've been told from friends within various divisions of CPD to personal and public experiences, this is an unfortunate travesty that affects the wrong people. Frederick isn't innocent though he is far from being the one with the most criminal action or guilt.
Just got back into town I can't believe this...
OK, so it is ok for the police to hire a crimminal to perform a crimminal act in order to issue a warrant against RF on what turns out to be basically a possible misdemeanor Pot bust. And a good man looses his life and another goes to jail. What happened to the criminal that was paid to set this whole mess up. I know that Justice is blind, but lets look at the root of this thing. How is it good law enforcement to pay someone to perform a crimminal act? From the beginning this is a bad thing done for the wrong reasons. No one is clean in this, no civilian review was done on the police actions, it is time to have outside eyes on what law enforcement is doing. In my travels I have never seen such a massing of law enforcement as there is in this area (all of hampton roads)we are litterally living under marshall law and there is no outside source to add a little common sense to this situation. I guess you all are willing to live under this pressure, I have to think about this area some more. The more I travel the more questions I have.
on that night the police go
on that night the police go to the wrong address, it's the home of a "prominent citizen". In fear of his life the homeowner fires his pistol with the same awful result. Of course the "prominent citizen" is exonerated and this whole episode is just a terribly sad story.
The commanding officer in
The commanding officer in the CPD who executed that raid is responsible for Det. Shivers death. Something still stinks in the garden about this case. RF should be set free.
Good luck Ryan!
Good luck Ryan!
????????????
Why has my comment still not be approved?!?!
involuntary manslaughter
I believe that RF is right where he belongs - the events that led to this point where set into motion by his own illegal acts, and a man is dead because of his reckless and irresponsible response to the presence of the police.
I don't condone CPD's methods in this case but RF killed that cop and he should be punished for it.
Accepting your verdict, for the sake of argument
What you describe would fit the definition of involuntary manslaughter, so lets assume your assessment is correct.
Frederick has already served the sentence for involuntary manslaughter.
involuntary manslaughter
is a class 5 felony punishable 1 day to 10 years and up to a $2,500 fine.
Virginia's Sentencing guidlines
Call for 1 to 3 years for involuntary manslaughter with no prior violent offenses and no accompanying felony conviction.