Tragedy and injustice in Chesapeake
June 4, 2008 – 11:06 am136. Not surprisingly, Ryan Frederick was indicted by a grand jury yesterday for capital murder:
A Chesapeake grand jury indicted the 28-year-old Portlock man Tuesday on charges of capital murder, use of a firearm during the commission of murder and manufacturing marijuana. Frederick is accused of “willfully, deliberately and premeditatedly” killing Detective Jarrod Shivers the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant.
Keep in mind, prosecutors hadn’t sought a capital murder charge against Frederick; the grand jury upgraded it from first-degree murder. The more serious charge means the state can seek the death penalty against Frederick.
So many things have gone wrong with this case from the outset:
- The warrant was served on a tip that Frederick was running a massive pot-growing operation in his garage, but all the police found was a small amount of marijuana and no plants. However, Frederick, an avid amateur gardener, did have some young Japanese maples growing under lights, which do bear some resemblance to marijuana plants.
- Frederick’s home had been broken into just a few days before the police raid.
- Oh, and the informant whose tip led to the warrant? He committed the burglary on Frederick’s home. He also had credit card fraud charges pending against him, which were dropped just days before the raid.
So based on information from a guy who broke into Frederick’s house and was facing jail time, the police busted in on the home of a man with no criminal record and had just dealt with a burglary, and the end result is a dead cop and another man facing lethal injection.
Radley Balko summarizes more absurdities from the DA’s office:
Special Prosecutor Paul Ebert pushed the unlikely theory yesterday that Frederick looked out his window, saw several police officers about to break into his home, heard them announce themselves as police, decided to shoot and kill just one of them, then surrendered. This is a guy who friends, former employers, neighbors and family describe as harmless and unconfrontational to the point of being meek. The idea that he’d knowingly kill a cop over a few joints is absurd.
Frederick had a job he enjoyed, a record of steady employment and strong recommendations from supervisors, and he’d just gotten engaged. Again, hardly the profile of a cop killer with a death wish.
The felony marijuana charge is even less comprehensible, apparently hinging on the fact that the police found equipment which can be used for indoor marijuana growing operations. Just as a wire coat hanger can be used to break into a car, I suppose. Does that make us all guilty of conspiracy to commit auto theft?
The police performed little due diligence on their tip about Frederick: no controlled buys to determine if he was dealing, no observation of unusual traffic or activity in front of his house. Their background check revealed only traffic tickets. Yet this was enough for them to break down his door at night.
It’s clear from all the charges they’ve thrown against him that the Chesapeake prosecutors are seeking a plea deal with Frederick. That’s the saddest part of this very sad case. Based on what we know so far, Ryan Frederick doesn’t deserve death for his actions, or even life in prison. He doesn’t deserve to be in jail at all. The police performed one of their most dangerous actions, a no-knock raid, based on very little evidence, and one of their officers was killed when the homeowner, quite understandably, chose to defend himself.
The only possible bright side to this injustice is that the public in Chesapeake is not siding blindly with the cops. They are asking questions and wondering why the authorities won’t answer them. One can only hope this same skepticism will extend to the jury that will hear Frederick’s case.
32 Responses to “Tragedy and injustice in Chesapeake”
So, how did he kill the cop without being killed himself by the “more than a dozen” other cops?
By Dale on Jun 4, 2008
Dale-according to Frederick, he fired when he saw the lower part of his front door had been busted through and saw someone reaching in to turn the door knob. I’m assuming at that point the police identified themselves and Frederick surrendered.
That doesn’t explain why the police didn’t just return fire, although in most cases police are trained not to fire if they can’t see their target, which would have been the case here if the door had been broken through but not yet opened.
But it also calls into question the number of police the prosecution says was present at the raid. Ebert claims it was as many as sixteen, but one of Frederick’s neighbors says she saw only two in front of his house.
By Brian Martinez on Jun 4, 2008
One or two bent cops trying to score a load of cash and drugs.
When it went fucked up, they said there were lots there to hid things.
By More Likely on Jun 4, 2008
This is quite literally one more example which will bring public opinion against the police in every town. Remember that story about the boy who cried wolf?
Soon, you won’t be able to get a jury to convict on a speeding ticket if the cop doesn’t have a gold plated reservation to heaven signed by satan himself. The police are doing themselves a great injustice as they do injustice to others. Mind you, it will be the mayor and police chiefs who end up paying at election time, but that is how it starts. Justice moves slowly at times, it moves most quickly when attached to a rope being carried by a mob.
I expect that soon there will be more riots due to a police ‘action’ gone wrong. I personally hope that a mall full of people beat the gold and blue off some policeman’s uniform for tasering someone they shouldn’t have.
By z on Jun 4, 2008
I feel bad for this whole situation. He sounds like a nice guy who was pushed into a corner. I agree strongly in our right to bear arms but in this scenario Frederick needed a non-lethal option to his gun for self defense. Tasers and stun guns do a good job of helping one feel less vulnerable when faced with this kind of attack. The outcome would have been much better for both a nice guy like him as well as the cop. As a mother of a son who is in the hiring process for the state police, I’m here to say, the officer didn’t deserve what he got either. He was doing his job and following orders. Had he been met with a non-lethal weapon, he would have returned home to his family. This is a no win situation. Non-lethal weapons are a great option for the average citizen to have for self protection, that’s why my web site has low prices and free shipping. I want anyone who feels they need these products to have them.
By Debbie Morgan on Jun 4, 2008
Debbie,
That was a clever plug; while you do have a point about a police officer not dying in the attack, I would not have been surprised at all if the police would have shot and killed Frederick if he had used a non-lethal weapon. There are many cases where this has happened, police have shot and killed people wielding butter knives.
This case needs more publicity. There needs to be a petition, demonstration, SOMETHING to save this poor man’s life! I am about ready to get a plane ticket out there and camp in front of the courthouse.
This just infuriates me to no end. Upon reading the initial post regarding this I was hoping so badly that a voice of reason would rise, and not only has that NOT happened, the charges have been INCREASED.
Even if you make him out as a cop-killer and a terrible criminal, this is in no way first-degree murder (the police were serving him a warrant at his home UNANNOUNCED, how can that be premeditated), let alone capital murder.
By Ben on Jun 4, 2008
I’m not saying that the police officer got what he deserved, but if the facts were as presented then “justice” has no case against this man. A misdemeanor possibly for possession, but thats about it.
Police seeking severe penalties when one of their own has been injured is a theme that has been explored in several different tv shows, movies, and books, and is to some degree understandable. It is not however acceptable, especially when it blindly seeks punishment for senseless tragedies. If you are religious you can say that it was his time and he is with god. If not say that shit happens and there is no reason to ruin another life because of shoddy detective work.
My thoughts are with the family of the policeman and this man who could for all intents and purposes lose his life as well. I hope things turn out as well as they can
just my thoughts on the subject, and this assumes that this article faithfully represents what actually happened.
By Richard on Jun 4, 2008
Debbie Morgan,
The products you offer on your website are mostly toys for the naive. Stun guns require point-blank range with the target and tazers are single-fire weapons that have many fail points (e.g. if the target is moving you only have 1 chance to hit; if one probe misses or glances off the target the weapon is useless). These types of products are only useful in controlled circumstances (if you could control all circumstances you wouldn’t need any defensive weapons to begin with) and only act as a deterrent when the attacker is not himself carrying a gun, which is a stupid assumption to make.
The reality is that no-knock raids are unconstitutional – they presume guilt rather than innocence. These raids are mostly made in the unconstitutional and immoral war on people with drugs which is another warning sign that they are bad policy.
Claiming that the officer is faultless merely because he was following orders is ridiculous – many criminals, from accountants to genocidal killers, simply follow orders. This does not remove their guilt.
I hold no personal animosity toward this, or any other officer, but we’ve seen too many police in this country perform criminal acts – they must be held accountable, along with the officials that command them.
By Jeremy on Jun 4, 2008
This, and many other night raids, are a waste of public resources and lives. Circumstances such as these only serve to sully the image of officers and promote mistrust. You cannot make the “definitely heard me and thus must know we’re police” assumptions in the middle of the night — one may be sleeping in a distant room, have a fan or radio turned on, or even be using EAR PLUGS to help one sleep better. Forced entry comes with the expectation of resistance — the officers are in some way responsible for every death.
This was probably the best outcome for him given that he was holding a weapon. If he hadn’t fired, they most likely would have killed him for holding anything remotely resembling a weapon. By injuring an officer in the doorway before the breach, he prevented the invasion and bought himself time to surrender. Too bad the court system and the police are tightly coupled and fearful of reprisal from each other — otherwise he might have returned home with a justifiable homicide. I hope this does not happen to me, as my reaction will be the same.
Debbie,
Non-lethal weapons would not be an effective response to home invasion. Two assailants and a billy club would easily defeat your taser. “Feeling less vulnerable” is theater, and theater is best left at the performing arts center. Pretend all you like with your life, but I will always choose a gun over a taser to protect my family and home.
The officer most certainly got what he deserved. The circumstances are dubious, and the aggressive, night time, forced-entry tactics require extreme diligence. A failure in that due diligence in no way excuses the officers of the responsibility for the consequences.
And on the note of “just following orders” (also stated: “they told me to do it”)… It doesn’t work for war criminals, military personnel, or teenagers, and I see no reason why officers should be afforded any special allowance for it.
By Nick on Jun 4, 2008
Due process is to protect the officers too.
They should check the news from the UK and France about how Muslim gangs have started giving fake tips so they can ambush and murder police.
By Thomas Jefferson on Jun 4, 2008
America is a police state. Sadly, some innocents are paying for that. Let’s hope this guy gets off, but I don’t like his chances
This is not the first time someone has been stitched up and it probably won’t be the last.
By Mark on Jun 5, 2008
In sweden we have something called putative self defence. This means that you may defend yourself, with deadly force if nessesary, if you, subjectivly, find yourself in a life threatening situation.
Considering the circumstances in this case (previous burglary, someone breaking down the door in the middle of the night, the defendant having not even a remote motive for killing a cop) its quite clear that this rule would apply.
This guy would, with no doubt, be judged not guilty with such a defence.
I hold a masters degree in law and have studied some anglo-saxian judicial tradition and I’m almost certain that this principle not only exists in the american justice system but also originated in the anglo-saxian legal tradition.
Is this so or is this no longer the case? If not the state of the american justice system is sad indeed.
By Mikael on Jun 5, 2008
Just remember this isn’t a jury case yet, the fellow has just been charged and the trial can now get underway.
http://en.wikipedia.org/wiki/Grand_jury
By Legal Eagle on Jun 5, 2008
This case is a thorough demonstration of this society’s insane commitment to predation, violence, and paltry excuses for all manner of putrescence.
I’m too disgusted with the entire train track of the pathetically apathetic public to a vulturous drug war, leperous plea-bargained rats alongside their prosecutor lovers, Rambo-wannabe-waaah-I-Got-Shot cops all on the fast-track to a beseiged citizenry under the shadow of a stupefying media campaign to guide their silent slide to consumer and ultimately — mere spectator.
Human beings all. Yet dare make sense of it.
By Keith T. Syverson on Jun 5, 2008
This cop got what he deserved.
Time and again we read these kinds of stories. What it boils down to is that the people serving the no-knock warrants are rank amateurs, there is no kinder word for it.
- the tip comes from a known burglar and felon, yet this is not suspect
- there ‘appears’ to be drugs involved but no associated violence. No due dilligence is done on the severity of the alledged crime. Anybody even associated by proxy with the drug trade [and I'm certainly not condoning or defending it] becomes a larger-than-life criminal
- the background story on the alledged perpetrator does not reveal a violent individual, yet the most confrontational method of action is chosen
As long as the police is going about these no-knock raids in this hamfisted, amateurish way, they will plant more of their own in graveyards with bugle players in the background.
This man, if they wanted him, could have been stopped and arrested as he went about his daily business, when an observation team had made sure there was no one on the premises and when the guy is out and about on the street. This action, executed by competent professionals, takes 15 seconds from start to finish and involves no violence [in this case] or only requires thoughtful application of force. No drama is involved.
But no, every cop is Rambo, every villain is a deranged lunatic.
The only method used by the cops these days is lethal violence. No negociation, no booking, no observation, just go in and shoot to kill.
It is rank amateurism and it leads to the entirely needless destruction of life. In a country where people are constitutionally protected in their right to bear arms, assaulting a home at night, with extremely poor preparation just bare-knees begs to turn into tragedy. It is stupid to the point of insulting to assume that someone who is attacked in the dead of night will be able to make safe and sound judgment when violence is used to assault the sanctity of someone’s home. It begs armed self-defense, it begs needless mistakes, it invites errors of judgment.
And then charges are filed against individuals whose lives are shattered over nothing. How many people walk the streets high on a joint, willing to commit physical violence? Marihuana, though I despise all manner of recreational pharmaceuticals, just isn’t a hard drug that needs the kind of murderous action that was undertaken against this man.
When will it stop, America?
By Hank on Jun 5, 2008
What a shocking read. Why is it that prosecutors set out to paint a defendant in the worst possible light? The gun culture in the Untied States is unique. With around 1 in 100 adults behind bars is dreadful enough but the figures are getting worse. Youngsters should be categorized as they pass through the education system. Violins and ballet shoes at one end of the spectrum and boot camp at the other. Decent civility went out the window years ago. I hope this guy gets off. The problem also is that anyone with half a brain can avoid jury duty.
By Henry on Jun 5, 2008
You have GOT to be kidding me. Last time I checked, getting shot at coems with the badge. If you are going to be a cop, expect to get shot at. Period! Its a risk that comes with the job. Dont like it? get a new job!
JT
http://www.FireMe.To/Udi
By John thomas on Jun 5, 2008
I take it the point of a no-knock warrant is the catch the criminals off guard. Why exactly is it that we want to surprise them with an armed visit again? I think the number of people that want to shoot it out with police has to be less than those that want to shoot it out with a robber/rapist/murderer at their door or whatever they might initially think is there. Seems like a stupid tactic that puts officers and suspects in unnecessary danger for little to no observable benefit.
By Ian on Jun 5, 2008
I’ve said this before and I’m going to say it again: You are entitled to open fire on police and shoot them dead in no-knock warrant searches. As much as the police like to pretend that its ‘murder’, it simply isn’t and never has been.
If a policeman behaves in a way that makes them indistinguishable from a would-be murderer, rapist or terrorist – and smashing into someones private home in the middle of the night is the surest way for this to happen, then you are lawfully entitled to treat them like a would-be murderer, rapist or terrorist. By shooting them dead.
No crime has been committed here. The police chose to put themselves into a situation where they can legally and lawfully be shot, and it happened. Thats the end of this story.
By Matt on Jun 5, 2008
Wow, Debbie.
Just, wow.
Dead cop, ruined lives, prosecution digging the hole deeper and the best you can offer is a gift wrapped shovel?
Shame. Let’s hope you find some decency and humility before your son joins the force – assuming that’s not a lie – you’re gonna need it.
Before you come back with “Cop Hater” my Dad is retired Dallas PD and I have an Uncle who’s name is on the wall at headquarters. Yes, “that” wall. I’d be on the force now if my Dad hadn’t forbade it. He saw this shit coming and threatened to disown me if I signed up. With everyday that goes by I understand more and more why he was so adamant.
By CoolJames on Jun 5, 2008
The USA should be ashamed… from a country which totes itself as, “the land of the free” you’ve fallen awfully far. What’s amazing is that, same party which pushes “right to bear arms” also pushes these non-constitutional raids which seem to result in these situations. I’m Australian, and even I’m confused about the USA’s complacency with it’s current state of affairs.
By David on Jun 5, 2008
No knock warrants are completely unnecessary. If the police were doing their job, all they have to do is wait for the suspect to take out the trash or mow his lawn and apprehend him/her in their front yard. No fuss, no muss, and no dead cops.
This prosecutor is another story. When prosecutors side with the cops, they are megligent in their duties to protect the public from crime, even from the police. I would like to see his office investigated for vindictive prosecution.
By Dennis on Jun 5, 2008
You would say that in this day and age and certainly in a developed country like the US this sort of ‘incidents’ should not occur.. With great disbelieve i have now read a couple of stories about ‘no-knock warrant’ raids, the previous one killing a 90-some year old women who was busy cooking in the kitchen..
I don’t see any reason why a ‘no knock warrant’ should be issued at all, especially in a country where everyone can buy guns at their local supermarket. Such actions will always result in violence, be it either from the police, the criminal or supposed to be criminal, or both: no matter if you are guilty or not, if someone breaks down your door in the middle of the night with no warning whatsoever, your first action will always be to defend yourself.
If you are a Democrat: make sure your future president Obama gets a copy of these stories so he can deal with it!
By Ray NL on Jun 5, 2008
perhaps the saddest part of this whole tragic tale is that it was all over some cannabis… a plant that is physically incapable of killing any person. The unconstitutional marijuana prohibition needs to end.
By Brian on Jun 5, 2008
Your right Brian. Marijuana should be legal. I wonder if these cops were in uniform or street clothes. It may not have mattered but if he at least maybe saw a uniform he would have reacted differently. And now Mr. Fredrick has to live with fact that he killed someone. But I guess if your a gun owner you have to accept that fact as a possibilty. And also these no knock warrants should be illegal but thanks to Bush they can.
By BecauseBushSaysSo on Jun 5, 2008
Debbie,
yes, the police officer did deserve to die. He chose to become a police officer. He chose to demonstrate an authority that required his wearing a weapon. He chose to execute a no-knock raid.
I hope that someday you or your son will be tortured and killed by someone who is “doing their job”, so you can appreciate that that is not a viable disclaimer for personal responsibility.
By Edward on Jun 5, 2008
Mikael – Many if not most states do recognize an individual’s right to self-defense. However, Virginia does not have a so-called “Castle Doctrine”, which provides an affirmative defense for any homeowner who shoots an intruder.
And when the intruder’s a cop, the rules change anyway. According to Virginia’s criminal code, capital murder can only be charged when the act is willful, deliberate and premeditated. Clearly these prerequisites don’t apply in Frederick’s case, but because he shot a cop, the grand jury pretended that was somehow different.
By Brian Martinez on Jun 5, 2008
@Debbie: I think it’s inconclusive whether the cop deserved it. It depends on whether he was involved in letting the credit card fraud guy off. It seemed pretty damn shady. Tell your son to stay out of shady business. If he doesn’t, he may very well deserve what he gets.
I feel sorry for the cop’s family, but not for the cop. If you don’t want to get shot, don’t get a job that requires you to carry a gun.
Anyway, the 2nd amendment protects our right to bear licensed arms to defend ourselves. For all he knew, he was just about to get tortured and murdered. I say he did a great job defending himself, and the cops maybe should’ve tried something a little less terrifying against this peaceful man. Why not approach him during the day? He had no criminal record or anything.
By thegnu on Jun 5, 2008
This is a sad story. It demonstrated once again why we must re-legalize all drugs and stop this insane war. Debbie you and your son take a look at the web site LEAP.cc 5000 strong current and former law enforcement people calling for and end to the “War on Drugs”. These are and were the front line enforcement personnel and they have seen enough and are now talking about it. Have your son watch their 15 min video over and over again and change his choice of careers. I have a petition at ipetitions.com/petition/StopTheWaronDrugs Please sigh it and we will send it to all the major Presedential canadates. This “War” must stop. Thank you for your help
Don@helpstopthewarondrugs.com
Donald Sheldon
By Donald Sheldon on Jun 5, 2008
It’s 2AM, your sound asleep. You hear your door crashing in. If it is a criminal crashing your front door and you take the time to go wash your face, wake up in other words, and then ask who is it, your dead. Our homes are our last sanctuary. This entire story is simply stupid. If anybody ever breaks my front door down under the conditions of this story, they will be wearing my base ball bat across their head. I’ll ask later for the ID.
By Paul Russell on Jun 7, 2008
We just had a tragic case in Broward County Florida where a 17 year old living with his parents was killed in a 2:00 AM no knock rad. He defended his house with a base ball bat against two officers was ta sered and then shot to death.
What are the cops thinking or are they thanking at all. no-knock raid on a 17 year old kid and then justifying killing him apparently while his parents looked on. Cops gone crazy is the only explanation I can imagine.
Donald Sheldon
By Donald Sheldon on Aug 14, 2008