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Murder charge against Ryan Frederick goes to grand jury

Posted to: Chesapeake Crime News Shivers shooting


Video: Testimony at Frederick hearing
Steve Earley | The Virginian-Pilot


Ryan Frederick is greeted by his attorney, James O. Broccoletti, for a preliminary hearing in Chesapeake on Tuesday. (Steve Earley | The Virginian-Pilot)



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CHESAPEAKE

A grand jury will hear the case against Ryan Frederick, a 28-year-old Portlock man accused of killing a Chesapeake detective during a drug raid.

Judge Thomas M. Ammons III, a retired judge from Virginia Beach, found sufficient evidence Tuesday to send charges of first-degree murder and use of a firearm to the grand jury. Prosecutors withdrew a misdemeanor possession of marijuana charge against Frederick but said they plan to seek a felony drug charge against him later.

Meanwhile, an internal police investigation into the raid has been completed and is being reviewed by the police chief, said Christi Golden, a police spokeswoman. Police said that report will not be released.

Frederick, with friends and family seated behind him, remained silent throughout the preliminary hearing in Chesapeake General District Court. He is being held without bond in the City Jail.

He is accused of killing Detective Jarrod Shivers, 34, on Jan. 17 while police were executing a drug search warrant at Frederick's home in the 900 block of Redstart Ave. in South

Norfolk. Police said two shots were fired from inside Frederick's home through the front door as officers used a battering ram on the front door.

"No officers fired any shots," said Detective Kiley Roberts, the prosecution's sole witness.

One shot hit Shivers as he stood on the front steps of the home. Shivers' job during the raid was to protect the "breacher" by covering any doors or windows, Roberts said.

Police had two separate entry teams when they went to Frederick's home at 8:30 p.m., Roberts said. One team was to enter the home while the other was to simultaneously enter a detached garage.

A confidential informant told police Frederick was growing marijuana in his garage. Police, however, found only enough marijuana to charge Frederick with simple possession.

Frederick, in a jail interview, said he fired at what he feared were intruders.

Roberts, who heard a dog barking inside the house, said police knocked and announced themselves. Roberts said he personally "knocked and announced," four times in intervals of three to four seconds, yelling each time: "Chesapeake police! Search warrant! Open the door!" He said other officers announced themselves as well.

"You have these officers beating on the door, announcing their presence for a period of time," said Paul Ebert, a special prosecutor brought in from Northern Virginia to handle the case. "Not once, but for a period of five times."

At some point, police began to yell "eight ball," a code meaning the raid had been compromised and that the individual inside the house knew of the raid, Roberts said.

The battering ram went through the lower right side panel of the door, Roberts said, but the officers involved in the raid never went inside the house.

The SWAT team was called after Shivers was shot. After several minutes, Frederick surrendered.

"He came out with his hands up to the side," Roberts said.

James Broccoletti, Frederick's attorney, argued that the prosecution could not show that his client's actions were willful, deliberate and premeditated - as is required to prove first-degree murder. At most, he argued, the case is one of involuntary manslaughter.

"The shots were only fired after the door had been breached by police," he said. "The defendant responded in that fashion as a result of what he perceived as an armed invasion of his home. He fired as a result of that to protect himself."

The preliminary hearing offered little information about the confidential informant.

"It will come out in the next hearings," Broccoletti said.

John Hopkins, (757) 222-5221, john.hopkins@pilotonline.com



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sometimes 750 words is not enough

Which is why I tend to avoid your moderated and edited comment system and stick with the Daily Press.

Why is it that everyone keeps going back to "yeah, but it was the police, not intruders." How many times must it be said. HE DIDN"T KNOW THAT. Just last week criminals kicked in the door of their victim's home in North Carolina while yelling "Police". Google "impersonating police" it happens all the time.

I agree that one should be sure of your target, but you are assessing the situation from the comfort of your easy chair, with no uncertainty about what was going on, no dogs barking and confusion, no adrenaline etc etc etc. We are in no position to judge his actions. He was doing what he thought necessary to defend his home against UNKNOWN invaders. That should not be a crime.

It's Just my opinion

I agree, everyone is innocent until proven quilty. And everyone is entitled to their opinion regarding this case, as in any other. However, I feel that you should identify your target before firing a weapon. My opinion, I can't believe that at 8-8:30 at night that he would have been that out of it that there was no other option than to start firing through the door. The police were not "assailants." They were law enforcement officers trying to execute a search warrant. I really can't believe that people are comparing the police to nazi's and such. That to me is beyond comprehension. What if the bullet had missed Det. Shivers and struck a neighbor across the street? Frederick would still be held accountable for that action. Again, I keep going back to identifying your target. Honestly, I don't think that he will be convicted of 1st degree murder, but I do think he should be held accountable for the death of Det. Shivers. There's other statutes which could apply in this case.

Posting guidelines

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Barking dogs in the night

Frederick testified that his dogs were barking during all of this. I have two small dogs, who always bark when our door is knocked on. The commotion and noise they make just about make it impossible to hear anything else. If Frederick's dogs were barking as loud as mine do, there is no way he could have heard the police announce anything. Add to that the confusion of being woken up by all the noise....

throwing the BS flag

"....HOW AM I SUPPOSED TO FIGURE OUT that this is the police when they act like armed robbers?" The first thing I would suggest is to look out the window (if you can).

In the dark...with dogs barking...after being awoken from a dead sleep...after having had your house broken into just a few days ago...with adrenaline roaring through your veins and the "fight or flight" instinct in full blossom...AS YOUR DOOR IS CRASHING IN...you expect someone to take the time to calmly walk to a window, look out (making a beautiful target of himself) to assess the situation before defending himself.

Don't be ridiculous.

COWBOYS SECOND ROUNDUP ENDS IN TRAGEDY

i had previously written to rep. randy forbes concerning the chesapeake handling of the swat team attack on the home of marva morris in nov., 2007. the contents of the letter are as follows;

"the citizens of chesapeake deserve an explaination of the swat team attack on the home of marva morris (va pilot 12/01/07 hampton roads section). acting on a tip does not seem to justify these actions. could a tip bring the same kind of destruction to our homes? the city should move post haste to make this person and her family whole. this gives the appearance of storm troopers acting with questionable judgement to try out their newest tactics and toys. i would appreciate your invvolvement in demanding from the city government an explaination to the citizens of the city."

fortunately, no one was hurt during this invasion. the same cannot be said of the invasion on mr. frederick's residence.

For chesresident...

You said, “I respectfully disagree with you comparing the CPD's actions to those of armed robbers.”

I heartily agree with you. I think their actions should be compared to the Sozialistischer Sieg (SS) on Kristall Nacht (“Crystal Night” aka “The night of broken glass”).

After all, a Nazi by any other name, is still a Nazi…

For "KevinP"

"....HOW AM I SUPPOSED TO FIGURE OUT that this is the police when they act like armed robbers?" The first thing I would suggest is to look out the window (if you can). I'm sure that if Frederick did, he would have seen numerous officers surrounding his house with "POLICE" visible on their clothing/vests, etc. When police "knock and announce," they do that for a period of time and then make entry into the house (if access isn't granted by the person inside.) This is to allow the person inside enough time to come to the door themselves, for safety reasons, preservation of the evidence, etc. When Frederick heard the commotion, why didn't he call 911, why didn't he yell out or scream, "I've got a gun!", instead of randomly shooting at the front door?

I respectfully disagree with you comparing the CPD's actions to those of armed robbers. CRIMINALS aren't going to yell "POLICE SEARCH WARRANT" at your front door for several minutes before trying to enter your house... In addition, criminals are probably going to come in through the back door and not the front where there could be witnesses.

Wow....There's a lot of people with some really good ideas on

how to conduct narcotics investigations and execute search warrants. And, you know what? legalizing drugs would be the end to all of the problems with the police who really have nothing better to do than bust someone for a small amount of marijuana....ARE YOU KIDDING ME?????!!! Bottom line, yes, things could have happened another way. But Chesapeake Police did absolutely NOTHING wrong in the execution of that warrant, and it's truely unfortunate that an officer had to pay the ultimate sacrifice because Frederick was recklessly firing a gun. Very few people who comment here understand that Frederick IS RESPONSIBLE for every round that comes out of his gun. What if the bullet had missed Det. Shivers and gone into a house across the street and killed a neighbor. Would your opinions change then???

reply to memyselfandi

Nobody is vilifying officer Shivars...all the posts I have read are saying he is as much an innocent victim as anybody in this mess. We ARE vilifying the Police Dept's decisions, because all the reported facts (which is all we can go on) indicate that this raid did not need to happen. It did not need to happen, period. Nobody needed protection from Ryan Frederick, even if he had a garage full of marijuana plants. He could have been picked up on his way to work any morning, and his house could then have been entered in a non-violent fashion without all the Police theatrics.

None of this needed to happen.

The police work for the citizens, not the other way around

donm22211, I should remind you that the police exist to protect and serve the public, not break into their homes in the night like armed robbers. If this is so hard to understand, perhaps it is just as well that you no longer wear the badge.

I support law abiding police officers, who serve the public while following the law and respecting the rights of law abiding citizens. I don't support reckless raiding parties who act in a manner that is indistinguishable from that of armed home invaders. I notice that you didn't answer my question: As a law abiding gun owner who keeps a loaded gun to defend his home and family, HOW AM I SUPPOSED TO FIGURE OUT that this is the police when they act like armed robbers?

We the people need to take back the sanctity of our homes. Innocent people will continue to die due to this reckless raiding. We need to pressure our elected representatives to clarify that all forced entries are forbidden unless there are truly extraordinary circumstances: a hostage situation, a barricaded gunman shooting at neighbors, etc. Non-violent drug possession simply isn't enough justification for these reckless raids.

So all gardeners are really pot growers?

memyselfandI, I am astounded at your accusation that all people who grow banana plants and Japanese Maples are really sinister pot growers and drug dealers. Perhaps this net should be cast only a little wider to those who keep potting soil, greenhouses and grow lamps.

I am awaiting the CPD SWAT team's next raid on the Home Depot Gardening Department - all the drug growing paraphernalia there must be seized and destroyed!

Police support

I have always admired those who risk their lives to protect others. This has nothing to do with supporting police. It has to do with right and wrong and taking advantage of the liberties given police. No doubt most on CPD deserve respect and do a fine job, but every profession has a few who bend the rules, or make their own. memyselfandI wanted to know who knocks on a door and then breaks it down. Well, according to the testimony of Detective Roberts, the Chespeake Police do. They knocked, and when they realized someone was moving inside the house, they gave the order to breach the door. All of this happened within 12 to 15 seconds. His testimony was that they used a 40 lb ram that missed its target and smashed through the lower panel of the door. This is not something the public has made up, this is testimony by the detective who took an active part in the raid. And for donm, my son lost a couple thousand dollars worth of tools when his work truck was broken into. He called CPD who told him they didn't have time to deal with something that had already happened. It took 3 calls for him to get that message. Guess they were busy breaking down doors.

Not cop haters

As I read some of the posts, some of you seem to think we are cop haters. Well, I can speak for myself, I'm not a cop hater, my uncle was a Portsmouth officer and my husband was on the SWAT team. The problem I have is I think they didn't do enough investigating on this guy before trusting an informant. Informant's do what is needed to get themselves out of hot water. Also, what makes it bad is that there are innocent people that have their doors kicked in and nothing is found. i.e. the 92 year old lady that was shot and killed. OK, what's the excuse there.. I guess she had marijuana in the house also. There should be an outside party investigating the murder of any officer.

We just want justice for this kid. This could be anyone of us getting our door kicked in by mistake. I also have a gun and I'm not afraid to use it if my house is being compromised. I hope the jury can see thru this and not convict this man of 1st degree murder.

love of horticulture?

have you ever seen a banana plant or japanese maple? I ask you, why would he be growing these? Because of his love of horticulture? Give me a break! They look just like marijuana plants. It's an excuse often used by drug dealers who often grow these too in order to say that is what they were doing. If you believe that is what Frederick was doing I have an island to tell you about too.

And Donm, finally another supporter of CPD and police departments. Most of you need to learn the facts of this case, not the facts as you interpret them and decipher them to meet your conspiracy needs. CPD carries out search warrants all the time, and if you would listen to what Roberts said, they knocked on the door, what person breaking in, knocks on the door? That's Frederick's only what out, and a poor one at that. The police did their jobs, protecting you. Quit villifying them for doing their jobs, especially Detective Shivers. Wait for the trial to be held.

interrogate the informant

i think they should put the rat...i mean...instigator...i mean...informant on the stand. how valid were his/her information that caused all of this? what actions did CPD do to verify this information to get a warrant, swat teams, and CPD to knock down the door of 1 male with no violent record? the officer certainly did not deserve to die for his superior officer's failed hollywood attempt to break down the door and arrest 1, non-threatened homeowner only to find 3 joints. if the plants existed, were the CPD afraid he was going to flush them all down the toilet? or eat it before they could see it? or were they scared the trees would leave (no pun intended).
who is this informant? does one really exist?
who knows. all i know is that it was a horrible approach and an innocent life was taken. don't take another one's!

bottom line...

Is no one will ever believe the CPD did not drop the ball on this one. You can retire all the high ranking officers you want, manipulate the court system anyway you can, have people study and analyze and try and buy your way out of it with high powered judges and all...but the fact remains...due to your overzealous actions and inattention to details a police officer is dead and a law abiding citizen's life is in the process of being ruined. What is there to gain from all this? This is such a loss all the way around. You guys need to come clean and just admit it was blotched. I hope when it is said and done lawsuits by the widow and Ryan are brought to bear upon the outright lies this city management condones.

TO ALL YOU JUDGES OUT THERE

All of you that have so hastily judged the police in this matter need to share phone numbers so that the next time someone robs you, breaks into your house, runs into your car, molests your children, curses you or smacks you in the mouth you can call each other for help instead of the police, since you don't trust them or the system for which they work. As I read all the negative comments written here in it becomes evident that very few, if any, of you have ever been on the other side of the badge. Don't be so quick to judge a person until you've walked a mile in their shoes. If you don't trust the local police departments or their personnel why not try some volunteer time to see what they do day in and day out for people who don't appreciate them. I've been on both sides of the badge and I appreciate their every effort.

Detective Roberts, can you spell, "Perjury?"

“Roberts said he personally "knocked and announced," four times in intervals of three to four seconds, yelling each time: "Chesapeake police! Search warrant! Open the door!" He said other officers announced themselves as well.
"You have these officers beating on the door, announcing their presence for a period of time," said Paul Ebert, a special prosecutor brought in from Northern Virginia to handle the case. "Not once, but for a period of five times."
At some point, police began to yell "eight ball," a code meaning the raid had been compromised and that the individual inside the house knew of the raid, Roberts said.”
Wouldn’t knocking on the door four times, “compromise” the raid? In other words, why did the police have to yell, “eight ball” to warn each other that their presence was known to the individual inside, unless their intention was to breach the door, before their presence was known?

More Tap Dancing by Eberts & CPD, and not an Arthur Murray Studio in sight…

Acting on info from a confidential informant

I understand informants help the Police and I applaud their actions, but why just go knock down a door and get someone killed? Doing business that way, an informant can say anything about anyone and the Police just go like gangbusters and start knocking down doors just on some confidential informants inaccurate information? Don't they do stake outs or follow up investigations before acting on some info from an unidentified person? CPD has screwed the pooch on this one. The only witness for the prosecution is another detective? No he wouldn't lie to protect his bretheren....(yeah right) Jarrod Shivers is dead, not by his actions or by any fault of Mr. Fredrick. The man lives in a high crime area, experienced an attempted break in just days before this tragic incident. He was rightfully gun shy, waken up by the sound of someone beating down his door. Chesapeake will bite the big one on this. Heads will roll, and they very well should! RIP Jerrod Shivers. Good luck Mr. Fredrick

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