Man Shoots Home Intruder, Faces Death Penalty.

Josh_R

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http://www.totalcriminaldefense.com/news/articles/unusual/no-drug-bust.aspx

Murder Charges for Man Who Defended His Home

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By: Gerri L. Elder

Ryan Frederick is currently behind bars in Chesapeake City Jail in Virginia for the shooting death of a police officer on January 17, 2008. He is charged with first-degree murder.

Normally you'd think that a person who shoots and kills a police officer might deserve to spend time behind bars, but Frederick's case is a bit different. The shooting happened in his own home during what Frederick believed to be a home invasion.

Three days before police began breaking down Frederick's door to enter his home on a drug warrant, Frederick's home had been broken into and his belongings rifled through, according to an online Reason Magazine story.

When Frederick's dogs began barking and he heard someone breaking through his front door, he grabbed a gun that he kept for home protection. As an officer attempted to enter the home through one of the lower door panels, Frederick fatally shot him.

Frederick is 28 years old. He worked for a soft drink merchandiser before his arrest. Friends, neighbors and co-workers reportedly have nothing but kind words to say about him. He has no prior criminal record, although he has conceded that he and his friends have smoked marijuana recreationally. There is no evidence that he was ever growing or dealing marijuana or any other drug, according to Frederick's criminal defense attorney.

Despite the lack of any criminal record and the fact that the shooting was a tragic accident, Paul Ebert, the special prosecutor assigned to the case, has indicated he may elevate the charge to capital murder so that the state may seek the death penalty against Frederick.

The drug warrant that brought the police to Frederick's home was based on faulty information received from a confidential informant. The informant told police that Frederick was growing marijuana in his garage and that several marijuana plants, growing lights, irrigation equipment and other gardening supplies had been seen on his property.

Frederick has been an avid gardener, so it is true that he had gardening supplies on his property. However, no evidence was ever collected to indicate that he was growing marijuana. The only marijuana found at Frederick's home was a small useable amount that under any other circumstances may have resulted in a charge of misdemeanor drug possession.

One of the plants that Frederick owned was a Japanese maple tree. When the leaves of this tree are green, they may resemble marijuana leaves. This may have been something that confused the police informant. The Chesapeake Police Department apparently did not investigate the claims of their informant before obtaining the no-knock warrant to search Frederick's home for drugs.

After the fact, the pieces seem to fall together. The police informant said that he had been inside Frederick's home three days prior to the execution of the drug warrant. That seems to give every indication that the police informant is the person who broke into Frederick's home. This person was likely arrested for some other crime and decided to strike a deal by supplying the police with faulty information.

As a result of this nightmarish situation, Ryan Frederick sits in jail while the prosecution attempts to find a way to elevate the charges against him.
Yet another tragic result of no-knock raids. This time an officer died and a man now faces the death penalty.
 

whiskeyguy

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#3
Isn't the point of a "no-knock" entry to catch someone by surprise so they don't have time to destroy evidence? How the fuck are you going to destroy a marijuana grow setup in the time it takes law enforcement to announce themselves before entry?
 

Mags

LDAR, bitch.
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#4
Another piece of shit state I'd never live in.
 

lajikal

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Thats the way a tool should die, Crawling through a dog door. Bet if there was a hostage situation he wouldve been hiding behind his cop car door. Enough with the marijuana law enforcement, go sneak into a ******* house and get shot with an unregistered glock ya pussies.
 

jagsfans

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Well I know when I was 28 years old I would have described myself as an avid Gardener. You guys are actually happy a cop died just because he was serving a marijuana warrant? Fuck you guys. I'm as anti drug war as anyone despite never using, but cops don't make the laws. They are paid to enforce them. I do agree this guy shouldn't be tried, but to say glad he killed him if fucking shitty.
 

Hoffman

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Sep 28, 2006
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#8
Well I know when I was 28 years old I would have described myself as an avid Gardener. You guys are actually happy a cop died just because he was serving a marijuana warrant? Fuck you guys. I'm as anti drug war as anyone despite never using, but cops don't make the laws. They are paid to enforce them. I do agree this guy shouldn't be tried, but to say glad he killed him if fucking shitty.
Awww shit...VT is gonna be all over your ass for saying that. That is, he will be when he wakes up from his hangover for the celebration he's probably having over this cops death.

Well said though jags.
 

d0uche_n0zzle

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#9
The cops should have engaged in some real police work before getting a warrant based solely on a CI's word.

If they did their jobs properly, then I'd have some sympathy for them.
 

Party Rooster

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#10
Current event is not so current. This happened 4 years ago. :action-sm
http://www.wackbag.com/showthread.php/101593-Ryan-Frederick-How-common-is-this-shit?

He got 10 years. Fucking bullshit.

Ryan Frederick sentenced to 10 years for killing detective



Ryan Frederick enters Chesapeake Circuit Court on Friday, May 8, 2009 for sentencing on his voluntary manslaughter conviction in the January 2008 shooting death of Chesapeake Detective Jarrod Shivers. (Steve Earley | The Virginian-Pilot)

By Louis Hansen
The Virginian-Pilot
© May 9, 2009
CHESAPEAKE

During his months in jail, Ryan Frederick wrote and rewrote an apology to Jarrod Shivers' family in his mind and on paper.

Hours before his Friday morning court sentencing, Frederick scribbled away again on a yellow notepad in his solitary cell until 2 a.m. "I did rough draft after rough draft," he said. "Ball it up, throw it away. Ball it up, throw it away."

It all boiled down to a simple expression: "I'm sorry."

Later in a Chesapeake courtroom, Frederick faced the family of the detective he killed during a drug raid in January 2008. Dressed in a red prison jumpsuit, he softly read a one-minute, handwritten statement. He said he did not expect forgiveness.

"All I can do is apologize."

Nicole Shivers, the detective's widow, wore black and sat several feet away. She listened without visible emotion.

Circuit Court Judge Marjorie A.T. Arrington on Friday followed a jury's recommendations and imposed the maximum: 10 years for voluntary manslaughter. Frederick, 29, must spend at least 8-1/2 years in jail, with credit for time already served.

He also faces three years of supervision after his release and must pay a $500 fine for possessing marijuana.

Outside the courthouse, members of the Shivers family said they accepted the judge's decision to enforce the maximum punishment. Nicole Shivers said she has not forgiven Frederick but added, "I don't have hate for him."

Prosecutors and family members portrayed Shivers as a hard working family man whose death was a great blow to his community.

Shivers enlisted in the Navy after high school and worked as an aircraft handler and supervisor on the deck of the carrier Theodore Roosevelt. He started a family, and he left the Navy to spend more time at home. He joined the Chesapeake Police Department in 2000 and rose to the rank of detective.

During a raid on Jan. 17, 2008, Frederick shot Shivers as he entered his home in the city's Portlock section.

Shivers, 34, left three children: Brittnie, Ashleigh and Landon.

Before leaving the courthouse with family and friends, Nicole Shivers said she's still "trying to learn how to be a single parent."

The highly charged trial included a special prosecutor, testimony from several jailhouse snitches, tearful family members, and a parade of police officers. A jury rejected a capital murder charge and found Frederick guilty of voluntary manslaughter in February.

Defense lawyers argued that Frederick shot in self-defense after he was awakened and thought burglars were breaking through his front door. His home had previously been burglarized.

Neither side was satisfied by the verdict.

On Friday, Jim Shivers, the detective's father, said the family remains puzzled and disappointed by the jury's decision. He did not think the verdict was fair, he said, "but it's the one we got. It's the one we're going to live with."

Shivers was pleased the judge handed out the maximum sentence.

Jack Bider, president of the Chesapeake chapter of the Fraternal Order of Police, also said the 10-year sentence seemed unfair punishment for the loss of a fellow officer.

Bider acknowledged that the jury had carefully weigh ed the evidence before reaching a decision. "Then that's the verdict," he shrugged.

The case is expected to continue in an appeals court. Defense attorney Eric Korslund argued that Frederick, who had no prior criminal record, should be retried on lesser charges. "We're going to try to get a new trial for him," he said.

From jail, Frederick said he accepted his punishment.

He repeated his apology. "It's a tragedy all the way around. His folks are suffering. I'm doing time," he said. "There's no closure."

http://hamptonroads.com/2009/05/ryan-frederick-sentenced-10-years-killing-detective
 

ruckstande

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#11
10 years for defending your home. I think a fucking pardon is in order.
 

Hog's Big Ben

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Mags

LDAR, bitch.
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10 years for defending your home. I think a fucking pardon is in order.
Not to mention millions for this guy in a civil suit.

War on pot, cops die. How's that war on pot going?
 
Jan 9, 2006
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#19
The informant should have gotten the death penalty.
Isn't that like when two people rob a store and one of them is shot by the clerk, the other one can get charged with murder since the initial crime led to the shooting? Giving a false statement is a crime, so I agree 100%.
 

d0uche_n0zzle

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Isn't that like when two people rob a store and one of them is shot by the clerk, the other one can get charged with murder since the initial crime led to the shooting? Giving a false statement is a crime, so I agree 100%.
Works for me, too.
 

lajikal

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#21
The informant should have gotten the death penalty.
Nope, cops shouldnt pass the blame to a rat. Rats lie sometimes, thats part of being a rat. Basic questions a police department should ask and find out about an informant:

1. Is the informant batshit?
2. Is he being coerced / lying for some reason?
3. How much history do we have with him / is he reliable?
4. Is the info credible / relevant?

Then, the judge should ask if the justification and offense is critical enough to allow a cop to be sent to 'break into' a house of a local resident without a criminal history for a marijuana grower allegation based on a single informant. Somewhere along that line someone fucked up and then you have a dumb cop getting killed over that fuck up. And whats the response? Go after everyone except the ones that fucked up.
 

Motor Head

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#22
Nope, cops shouldnt pass the blame to a rat. Rats lie sometimes, thats part of being a rat. Basic questions a police department should ask and find out about an informant:

1. Is the informant batshit?
2. Is he being coerced / lying for some reason?
3. How much history do we have with him / is he reliable?
4. Is the info credible / relevant?

Then, the judge should ask if the justification and offense is critical enough to allow a cop to be sent to 'break into' a house of a local resident without a criminal history for a marijuana grower allegation based on a single informant. Somewhere along that line someone fucked up and then you have a dumb cop getting killed over that fuck up. And whats the response? Go after everyone except the ones that fucked up.
You have a point. I was more or less speaking off the cuff. Yes, if the rat informed the police that the perp had a grow operation a few questions should have popped up. I myself would like to see how much his electric bills were running. You can't have a good indoor grow operation without using a shit ton electricity. When somebody has a two bedroom house, but their electric bill is $500+ a month - red flag. Has the suspect been arrested before on any sort of drug related charge? red flag if not.

I will dare to say that this was lazy police work. A no knock warrant is not necessary for a grow operation because I seriously doubt a hydroponic weed farmer can flush all of his plants and equipment down the toilet.

I do take notice to you saying "dumb cop". The cop that was shot was following orders and acting on faith that the warrant was good based on a warrant being issued. Though these stories that come from the anti-cop and legalize weed blogs and websites leave out a lot of pertinent information because they are biased. I always take stories like this with a grain of salt until I see a legitimate news source, not some hippy that cherry picks the 'facts' and then puts out the story condemning the man, mmmmmaaaaaaaannnnnnn!
 

MayrMeninoCrash

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#23
I'm surprised that
a) The cops didn't realize that he had been burglarized a few days prior (unless he didn't report it)
and
b) He had at least one handgun registered to him

Of course Josh is too busy masturbating on his Libertarian "Vote for Johnson, fuck tha police" websites to actually check the dates :action-sm
 

Party Rooster

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#24
I'm surprised that
a) The cops didn't realize that he had been burglarized a few days prior (unless he didn't report it)
and
b) He had at least one handgun registered to him

Of course Josh is too busy masturbating on his Libertarian "Vote for Johnson, fuck tha police" websites to actually check the dates :action-sm
Keep the stones away from your glass walls sir...:action-sm

After the fact, the pieces seem to fall together. The police informant said that he had been inside Frederick's home three days prior to the execution of the drug warrant. That seems to give every indication that the police informant is the person who broke into Frederick's home. This person was likely arrested for some other crime and decided to strike a deal by supplying the police with faulty information.
 

lajikal

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#25
You have a point. I was more or less speaking off the cuff. Yes, if the rat informed the police that the perp had a grow operation a few questions should have popped up. I myself would like to see how much his electric bills were running. You can't have a good indoor grow operation without using a shit ton electricity. When somebody has a two bedroom house, but their electric bill is $500+ a month - red flag. Has the suspect been arrested before on any sort of drug related charge? red flag if not.

I will dare to say that this was lazy police work. A no knock warrant is not necessary for a grow operation because I seriously doubt a hydroponic weed farmer can flush all of his plants and equipment down the toilet.

I do take notice to you saying "dumb cop". The cop that was shot was following orders and acting on faith that the warrant was good based on a warrant being issued. Though these stories that come from the anti-cop and legalize weed blogs and websites leave out a lot of pertinent information because they are biased. I always take stories like this with a grain of salt until I see a legitimate news source, not some hippy that cherry picks the 'facts' and then puts out the story condemning the man, mmmmmaaaaaaaannnnnnn!
Yeah the 'just following orders' bit doesnt play out in court or when explaining to a kid why their dad is dead.