Policeman gets killed during no knock raid. Home owner may get death

[Shiacmkmleer]

http://hamptonroads.com/2008/06/gran...-murder-charge

CHESAPEAKE
Ryan Frederick now could face the death penalty for the fatal shooting of a Chesapeake police detective during a raid of his home.
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.
Frederick’s attorney, James Broccoletti, said the grand jury’s decision to elevate charges came after the panel heard only the prosecution’s side of the case. Broccoletti said he does not expect a trial to take place this year.
Circuit Judge Marjorie Taylor Arrington is expected to preside over the case. Arrington, a former Norfolk deputy commonwealth’s attorney, was recently appointed to the bench by the General Assembly.
Shivers, a 34-year-old father of three, was standing on the front steps of Frederick’s home in the 900 block of Restart Ave., when he was shot , police said.
Two shots were fired from inside through the front door as officers used a battering ram on the door. One shot hit Shivers, an eight-year police veteran.
Police said they had two separate entry teams when they went to Frederick’s home at
8:30 p.m. One team was to enter the home while the other was to simultaneously enter a detached garage.
A confidential informant told police that Frederick was growing marijuana in his garage. Police, however, initially charged Frederick with possession, a misdemeanor.
That charge was withdrawn last week after Frederick’s preliminary hearing, but special prosecutor Paul Ebert said he intended to seek a more serious drug charge.
The grand jury indicted him on a charge of felony manufacturing or possession of marijuana with the intent to manufacture the drug.
Frederick, in a jail interview shortly after the shooting, said he fired at what he feared were intruders.
He has been in jail since his arrest .
Frederick’s friends have refrained from talking publicly about the case on the advice of his attorney. Nonetheless, there has been public concern about the raid.
Donald Tobar, chairman of the Tidewater Libertarian Party, said Frederick’s situation strikes a chord .
“People can identify with him because lots of people around here have firearms to protect their homes,” Tobar said. “But now they’re faced with the idea that, if they use the weapon, they can face prison.”
He said that regardless of what comes out about Frederick’s drug activities, “it’s still a reckless and foolish way to serve warrants.”
Police have said they are examining the way they execute search warrants. An internal police investigation of the drug raid has been completed, but police said it will not be made public.

ok so.
man breaks into house, goes to police tells them he saw Marijuana to get off of previous charges.
police get a no knock warrent
Police don't announce them selves, try and break into home
home owner shoots person breaking into home
home owner may get death penality... wait what?
Seriously wtf? this guy shouldn't see the inside of a jail cell let alone life in prison or death.
And possession of a joint and they're charging with with intent to manufacture because hes a gardener?

[old hippie 56]

Stroll down on that link and read the comments, quite interesting.

[snapper]

SWIM does not think the murder charges will stick. The victim was unable to ID the cops because the door was closed and a violent battering was being perpetrated on his front door. SWIM would happily have let 5 x 12g boarshot slugs fly through the door (just in case the burglars were wearing vests..) were it to happen at SWIM's home and cannot blame the guy one bit. Growers are plagued with burglaries, not to mention normal people.
Unless of course they yell police while battering....but I guess they didn't do that..

[purplehaze]

How ironic.
When I first heard of this policy (no knock) going into effect I had a similiar idea of what would happen. Hate to say I told ya so on this one.
http://www.drugs-forum.com/forum/sho...7&postcount=34

[Panthers007]

Nope. No-Knock, which was popular in the 1960's - but retired due to civil-rights' concern's - implies surprise. If you announce "Police!" the element of surprise is gone. You are expected to be in and sitting on the person(s) before they know what hit 'em. If anyone should be up on murder charges, it should be the person who signed the warrant. They'll claim that the door being smashed-in should have told the homeowner that it was the police acting in a lawful manner. After all, if someone smashes your front door in, what good citizen would fail to conclude that the police had arrived?

Right?

[purplehaze]

What about the tweaker that has been up 15 days on a mega-manufactoring binge and had been expecting the door to be kicked in because the damn ninja that keeps hiding when he looks out the windows has one goal in life, to get in.

But seriously whoever made the no knock rule is a moron, that shits not safe. No matter how you look at it.

[Shiacmkmleer]

Imo this just shows the stupidity of... well the system as a whole. People are scared so they approve hasty measures that are not thought out to protect themselves (in this case no-knock warrants because if you don't them drug dealers will get off... I can't even pretend to understand this logic). These policies lead to... bodies. Then there is the cry for blood, and innocents are sacrificed to pay for the mistakes of others.

seriously the guy defended his home from intruders, the police's story has change multiple times... and hes going to hang for other's mistakes and fear.
Reading the comments my favorite was:

Originally Posted by rose

I think not! What "we" know is, that the CPD has changed their story many many times. What "we" know is, that CPD did a raid on the wrong house a while back and shot up a kids bed. The only good thing is, the kid wasn't in the bed. What "we" know is, the difference between a Japanese Maple tree and a pot plant. What "we" know is, "we" don't live in a police state. What "we" know is, the informant, the CPD and the magistrate made a very very bad mistake that cost one of their detectives his life. What "we" know is, CPD and the courts are out to hang blame for their mess ups on a young man that is NOT the criminal they are trying to make him out to be. You're among the wannabe a cop crowd but probably couldn't pass the test to get the job (your posting name kind of gives that away). I hope the residents of Chesapeake are ready to start voting people out to make their voices heard and to make changes until this outta control and rouge PD is reeled in some. Who knows, it may be YOUR house they bust in and shoot up next.

of course the following one is pretty good too

2 or 16 officers went to Frederick's house at 8:05, 8:25 or 8:30 p.m. to serve a search warrant sworn out on the basis of an informant (who broke into Frederick's house 3 days before the raid, had a grudge against him and is now missing) claiming Frederick was growing pot in a detached garage and a thorough CPD investigation that included 5 drive-by looks at Frederick's house over 3 months during which Det Roberts "didn't see anything unusual" and a review of Frederick's criminal record which turned up an extensive list of some "traffic tickets." The CPD decided to search Frederick's house after dark and his normal bedtime. The police pounded on Frederick's door, announcing themselves 14 to 45 seconds to serve the search warrant, but decided to break down the door when they saw "a light change or motion in the house," indicating the raid was "compromised." Frederick then, with full knowledge and malice aforethought, shot and killed Det Shivers on the porch, on the steps or "in the front yard, really." CPD found gardening supplies, Japanese Maples and enough pot to justify a 1st possession misdemeanor.

The thing is though, everyone here needs to at least write an email to:
CustomerContactCenter@cityofchesapeake.net and voice their opinion of the situation. You can bet they've gotten plenty of email supporting what the police did. Whatever you do please don't say the officer deserved it! In no way was the situation his fault. If you'd rather you can call between 8 and 5 at (757) 382-CITY (2489).
Guys I know it may seem like it won't make a difference, but we have to stand for civil liberty at every chance. people like those who post on these forums have been silent too long!

Reputation Comments on this post:

word

[purplehaze]

The main point in the email should be the no knock law is a serious danger to everyone.

The law is to blame, thats justice.

[Heretic.Ape.]

The thing is though, everyone here needs to at least write an email to:
CustomerContactCenter@cityofchesapeake.net and voice their opinion of the situation. You can bet they've gotten plenty of email supporting what the police did. Whatever you do please don't say the officer deserved it! In no way was the situation his fault. If you'd rather you can call between 8 and 5 at (757) 382-CITY (2489).
Guys I know it may seem like it won't make a difference, but we have to stand for civil liberty at every chance. people like those who post on these forums have been silent too long!

Thank you for providing that information. I'd especially like to encourage any locals to the area to do what you can to literally save a life in the drug war.

[Alfa]

Is there anyone in that area that could get more information from the attorney / authorities and go to the court case / hearing to write up a press article for drugs-forum?

This would be greatly appreciated. The article would be published on google news.

[MrG]

Exactly how do you "manufacture" marijuana?

I thought it was a plant that was grown, dried and smoked.

Did I miss a meeting?

[old hippie 56]

In Texas, manufacturing cannabis is done under lights, cultivation is growing outside.

[Beanfondler]

Would a pit full of spears covered in carpet/straw on the inside of one's door or some similar booby trappery of one's lodging go over very well? In a court setting at least.

[Panthers007]

Punji-Sticks in a pit ala Viet-Cong, shotguns on tripods with line & pulley affixed to door, pan of water plugged into wall outlet (ala Fabulous Furry Freak Brothers), etc. all fall under a law called Reckless Endangerment - or variations thereof.

Sorry to bust your bubble.

[Beanfondler]

So it would seem depending on the length of sentence Swiy is expecting and how well that sits with them. High explosives appear to be the only reasonable trappery to be implemented if at all. Or all out Swibf supposes if their would already be up the river as a result of the raid. So probably more likely if you've got nothing to loose, take it to them. Swibfs not inclined to think he'd do anything of the sort though, too hard for him to connect all law enforcement with the overlords holding the leashes.

[Shiacmkmleer]

they responded to my email:

The review is complete and awaiting the Chief's approval. Unfortunately, internal investigations are not public record. Our policy and procedures are available on line for the public to review and there is a policy on search warrants. For the record, the search warrant executed at Frederick's home was a "knock and announce". This was released to the public several weeks after the incident. This search warrant is public record if you choose to view it. It is located in the court building.

Christina Golden
Public Information Officer
Chesapeake Police Dept.

[Panthers007]

Make sure the lawyer defending the guy is made aware of this information. They should have copies of EVERYTHING you uncover. "Knock & Announce" eh? That changes everything. Find the lawyer. The court should be able to provide name & number.

[Paracelsus]

How come they used a battering ram then? Either it wasn't a "knock and announce" raid and the police department lies, or Frederick may be a murderer (and an idiot as well).

If it was a knock-and-announce raid, why didn't the prosecuting attourney insist on that, instead of claiming that Frederick peeked out the window and saw the cops:

http://www.reason.com/blog/show/126830.html

Grand Jury Ups the Charges Against Ryan Frederick. Indicts.

Radley Balko | June 4, 2008, 8:36am
A Chesapeake, Virginia grand jury indicted 28-year-old Ryan Frederick on charges of capital murder yesterday. The more severe charge (he was originally charged with first-degree murder) means the state will likely seek the death penalty, though there has been no official announcement as of yet.

Last January, Frederick shot and killed Det. Jarrod Shivers during a drug raid on Frederick's home. Police were looking for a major marijuana growing operation in Frederick's garage. They didn't find one. Frederick had no prior criminal record, and had a misdemeanor amount of pot (he says a few joints) in his home at the time of the raid. His home had also been broken into a few days prior to the raid.

We now know that the police informant whose tip led to the raid was responsible for the break-in. We also know that informant had credit card fraud charges pending against him that were dropped just before the raid. What we still don't know is if his burglary of Frederick's home was done with the knowledge or consent of the police.

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.

Ebert also got the law wrong in his statement to the press. He said:

"Anytime someone kills a police officer, who is acting properly with a legal search warrant, that is a case of Capital Murder."

Well, no. According to the Virginia criminal code, the act has to be willful, deliberate, and premeditated. If you don't know that the men breaking down your door are police when you shoot and kill one of them, you aren't guilty of capital murder. Virginia doesn't have a Castle Doctrine, so you may be guilty of something. But it isn't capital murder. This is why Ebert is arguing the "peered out the window" theory.

The grand jury also indicted Frederick on a charge of manufacturing marijuana. Ebert hinted at this possibility a couple of weeks ago. I'm still trying to figure out what evidence they have for that charge. They found no plants in Frederick's home. They seized some grow lights and planting pots, but the guy is a gardener. His friends and neighbors—or one look at his backyard—confirm that.

It's unlikely that police had information of Frederick manufacturing marijuana other than the informant's tip prior to the raid, or they'd have included it in the affidavit to obtain the search warrant. That leaves only the possibility that they've rounded up someone since the raid who might testify that he bought drugs from Frederick, or witnessed Frederick's alleged marijuana operation. At this point, it would be prudent to be wary of any informants with criminal records the police may bring forward to testify against Frederick.

The police did no controlled buys to confirm the informant's tip. They say their "surveillance" consisted of a few drive-bys over a three-month period, during which they reported no unusual activity. They claim to have done an extensive background check on Frederick, and found only traffic tickets. Yet they felt compelled to break down his door after nightfall, based on a tip from a shady informant, and very little else.

Bad as all of this looks, there are a couple of glimmers of hope, here. The first is that Paul Ebert has a long and illustrious history of incompetence. He seems to be living up to that reputation here with his overcharging of Frederick. The other reason for hope is that judging from the comments threads at the Virginian-Pilot website, public opinion in Chesapeake seems to have shifted decidedly to Frederick's favor. The public is usually reflexively pro-police, particularly when a cop is killed in the line of duty. That there's now considerable doubt about this case is testament to just how poorly this raid was executed, and how poorly it's been handled since.

Prior coverage of the Frederick case here.

[MrG]

Oh yeah that'll be the *knock* *knock* "open up, it's the police" type of knock and announce raid.

Usually followed by the sound of the battering ram hitting the door and the entry of multiple armed assailants running into the house shouting adrenaline fuelled incomprehensible commands at the confused occupant.

[snapper]

SWIM does not feel that it is a 'nothing to lose situation' to fire at someone trying to break down the front door that does not announce themselves as cops. Hell, even if they do, they could be lying (wasn't there a recent case of off duty cops home invading people to rob them?). There should be nothing illegal about protecting one's self. What the hell is the point of battering down the door anyways ? If the guy has a growroom, he will not have the time to flush it down the toilet before the cops find it. They could have just knocked with a search warrant. Too many home invasion robberies start the same way, with a battered down front door and people yelling commands. SWIM thinks it is prudent to shoot indisciminately in these situations. Anyone willing to invade a home in this manner (except maybe law enforcement) is probably willing and ready to rape, torture and kill as well. Best to get the upper hand quickly...
SWIM has nothing specific against law enforcement officers and would rather not they get killed, but someone on the LE side has the dead officer's blood on their hands, not Ryan Frederic.

[Powder_Reality]

I just have to point out the double standard here: cop breaks down door, gets shot by the homeowner, and the homeowner now faces a possible death sentence for his actions. In almost every case I've heard about cops killing innocent bystanders in drug stings, none of the guilty officers are ever charged. I'm reminded of the case of a 14 year old girl who was shot and killed by the DEA during a raid a few years back; the department denied any wrongdoing and as far as I know, the officers got off scot-free. I'm not saying that the officer deserved what he got, because he didn't, but you can see the obvious hypocrisy here.

That being said, yes, the no-knock warrant is truly ridiculous idea. Just another law being passed that is going to cause a lot more harm than good.

So what is the official statement by both parties? As far as I can gather, the prosecuting party is sticking with the argument that Frederick saw the police through his window before they broke down the door, and/or the police announced clearly announced themselves before entering his home. Has the defending party not released any information or statements yet?

[Panthers007]

Let's not forget about my story of an independent journalist/reporter I know from Boston.

He was arrested for filming an anti-war rally on the Boston Commons. The cop (MBTA cop - MBTA is the local public-transit authority) arrested him for "Felony Wiretapping." Filming without the express permission of anybody/everybody in a public place - Boston Commons. And he was found guilty by a jury! This case sent ripples throughout the legal community. Including the ACLU. And what does this mean?...

Remember the taped beating of Rodney King by the Los Angeles County police? Today the person who filmed it would be arrested and taken to jail for "Felony Wiretapping." The precedent is established. And it is being used widely now. You can't film/record in a public area. IF there are police there conducting "official business" at the very least. Mr. O'Malley snapping a photo of his wife in front of a statue likely has nothing to be concerned about. But if Mrs. O'Malley snapped a photo of a cop cracking skulls at an anti-war demonstration - Look Out!!

And this applies to every type of recording media. From your camera-phone to a pocket-sized tape deck. Even taking notes could be prosecutable. The appellate case is still pending.

[Heretic.Ape.]

^ Would you mind sending me the information on that case. Thanks.

[Shiacmkmleer]

A similar case in Quebec, note that his fire arms were illegal owned and he still got off. God be with Mr Frederick.
http://www.nationalpost.com/news/story.html?id=586091

LONGUEUIL, Que. -- A jury has found Basil Parasiris
not guilty of first-degree murder in the death of Laval police Const. Daniel Tessier.Parasiris appeared relieved after the verdict was read out. His wife, Penny Gounis, gasped, "Oh my God!" and his sister began to weep.
The jury made the decision in its fourth day of deliberation.
Shortly after 5 a.m. on March 2, 2007, Tessier was the second of nine Laval police officers who stormed into Parasiris's home after they smashed in the front door with a small battering ram.
The raid was part of an investigation of five drug traffickers who were selling cocaine in Laval.
The Laval police morality-drug squad suspected Parasiris was supplying the drug dealers with cocaine and were hoping to find a large quantity of the drug inside. Because of their suspicions they obtained a search warrant allowing them to make a so-called "dynamic entry," designed to catch people off-guard before they can destroy evidence.
But before the jury began hearing evidence, the trial judge, Justice Guy Cournoyer, ruled the warrant used for the raid was a violation of Parasiris's charter right that protects Canadians against abusive search and seizure. Cournoyer criticized the Laval police because they had no evidence they would find a large quantity of drugs in Parasiris's home. Also, Parasiris was never charged with drug trafficking after the raid.
At times when the jury wasn't sitting, Cournoyer insisted he wanted the trial to be about what happened inside Parasiris's home when Tessier was killed and not what he referred to as "fireworks." Because of this, the jury was never told about the warrant or why the Laval police were there in the first place. The six men and six women also never heard that the police found less than a gram of cocaine, nearly two grams of marijuana, 13 cellular phones and four pagers inside the home.
Police also found eight pages of what one investigator described as possibly being the accounts of drug trafficking and Parasiris admitted during an interrogation that he was involved in drug trafficking for three years to get out of financial trouble. The jury also never heard this evidence.
During the raid, five of the officers headed up a stairway to the second floor of the home where the bedrooms were. Tessier headed for the master bedroom and was shot by Parasiris as he neared the door.
Parasiris and his wife both testified they had no idea it was the police who had broken into their home. Both also said they never heard the officers shout "Police!" during the raid until after Tessier was shot.
Perhaps the best evidence to support Parasiris's claim that he feared he and his family were under attack was that he admitted he soiled his underwear during the raid.
Parasiris testified he opened his bedroom door, came face to face with Tessier and fired his revolver when he saw Tessier's hand was pointing towards him.
Parasiris fired four shots, striking Tessier three times. The fourth shot struck Const. Stephane Forbes, who was about to open the door to the bedroom of Parasiris's seven-year-old daughter, Stephanie.
When they heard the shots, three officers returned gunfire. Det.-Sgt. Nathalie Allard fired four shots towards Parasiris but struck his wife in the right arm and Tessier in the foot.
Constables Serge Lauzon and Francois Leblanc, the man in charge of the investigation, mistook where the shots were coming from and fired five rounds each towards the bedroom of Parasiris's 15-year-old son, George.
During the trial, Parasiris was acquitted by Cournoyer on three charges related to Forbes, who was struck in the left arm by the stray bullet. While Cournoyer was in the middle of instructing the jury on those three charges, including attempted murder, defence lawyer Jacques Larochelle pointed out the Crown never presented evidence Parasiris meant to shoot Forbes.
Parasiris still faces eight charges related to four loaded firearms he kept in his house, including the Ruger .357 magnum revolver he used to shoot Tessier. Parasiris had a license for the revolver, but not for the address he kept it at.
He did not have licences for the other firearms and is charged with improperly storing all three.

[Panthers007]

Sorry for the delay, Heretic. Start here:

http://www.freemanz.com/