Another Drug Raid Nightmare

[SomeGuy]

This is interesting. Apparently they are charging the guy with capitol murder AND manufacturing marijuana. Seems I read an earlier report that they didn't find any evidence of a grow op and had charged him with simple possession? Or am I reading it wrong?

The Virginian- Pilot

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That charge was withdrawn last week after Frederick’s preliminary hearing, but special prosecutor Paul Ebert said he intended to seek a more serious drug charge.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.

 

[jipedestran]

Contradict yourself much? First you say that United States citizens have the right to be armed then you say that no grower should have a gun. Which is it?

I see no contradiction at all in what I said. Just because we have the RIGHT to own a weapon, does not mean that we should do it.

Breaking the law, and adding a firearm to the mix is never a good idea.

No contradiction there.

peace
jip

 

[minigreens]

what i'm wondering....is why ryan fredrick was blown away by the other officers. seems like they could have easily shot back at him, killed him, and probably a case closed. scary thought eh?

quite the messed up situation and goes to show the insanity of raids

 

[SomeGuy]

Another interesting find. I've read a few Reason Magazine stories but don't know much about them. They do seem to be closely following the case though and I think this guy Radley Balko writes for the Virginian Pilot too???

Reason Magazine


Report from Chesapeake: Possible Second Informant Emerges in Ryan Frederick Case

Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick's home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He's being charged with capital murder and felony manufacture of marijuana.

The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick's fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick's home the same week of the raid.

Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick's house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick's house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.

The second man is currently in the Chesapeake City jail. I don't see any point in revealing his identity right now, so I'll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven's name, and Reggie agreed to the interview.

Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he'd be more willing to talk if I didn't use his name. He responded that he's not worried about retaliation for being a snitch, he's worried about retaliation from the police.

Still, after a few minutes, he did begin to corroborate some of the things my source told me.

Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don't want to get into any more trouble," he said.

I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that's not something I can get into right now. I just want to do my time and go home."

Because they were regularly working with the police, the two men seem to have started to think they were above the law. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.

Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they'd help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.

Reggie says he and Steven then broke into Frederick's detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggie again refused to answer, and again explained that he was afraid of possible retaliation from the police.

Reggie said he's personally never met Frederick, and that the break-in at Frederick's house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.

Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.

Reggie has a long record. In May 2007 he pleaded guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.

But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that's pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.

Reggie explained to me last weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn't be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.

A search of the Chesapeake General Court's public records presents a time-line that supports Reggie's story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.

We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven's, who made it rather clear that Steven isn't interested in talking to journalists right now.

So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick's home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they've done so, and the police may be intimidating the two men to prevent them from talking about it.

Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick's trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.

Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man's life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.

Prior archive of Frederick posts here.

MORE: I should have included in the original post that I attempted to contact Reggie's attorney for comment. She didn't return my call. The Chesapeake Police Department also had no comment. I have not yet tried to call Ryan Frederick's attorney, but plan to this morning. Thus far, he hasn't been all that interested in speaking to the media.

 

[ItsGrowTime]

Being that this happened in police state Virginia, it doesn't surprise me ONE BIT that cops were encouraging CIs to break into houses to justify their raids. Not one bit.

 

[SomeGuy]

And I wonder whats up with them upping the marijuana charge when all they found was a small amount and have not admitted to finding any evidence to the contrary?

This is just my own theory from reading all this BUT, maybe he did have a few plants, realized he was gonna have a problem after the original break in and tore it down and got rid of it. One of the things that causes me to think this is that they subpoenaed all his phone records.

Now the cops are planning on using testimony from an informant that they allowed to break into this guys place to smear his character and secure a murder charge from their botched raid?

 

[Dr. Smokepuma]

yes

yes

Wonder is that informant got paid for that tip? Hopefully that pos informant realizes they killed someone with a bogus tip. Doubt they care.

he got busted for heroin and a tip would give him a slap on the hand

 

[Macster2]

And I wonder whats up with them upping the marijuana charge when all they found was a small amount and have not admitted to finding any evidence to the contrary?

That's the cops trying to trump shit up so they don't look as stupid as they are

 

[belfast]

Makes me gland most police were I live do not carry Guns.

 

[SomeGuy]

Lemme see, they all had powder residue but never fired a shot but reported an empty casing that fits their rifles and not Ryans. And they went in and plugged a possible bullet hole.

Is that not tampering with evidence?


More from Radley Balko on the 18th

Reason Magazine

More Possible Police Misconduct in Ryan Frederick Case

| June 18, 2008, 10:07am

Frederick is the 28-year-old Chesapeake, Virginia man facing capital murder charges for killing a police officer during a drug raid on Frederick's home. Police found only a misdemeanor amount of marijuana, not the massive grow operation alleged in the search warrant.

Now, WTKR TV reports:

The hands of six Chesapeake detectives present at the botched marijuana raid on Ryan Frederick's house have tested positive for "primer residue," meaning they had traces of chemicals on their hands sometimes left behind when a person fires a gun, according to a lab report filed in court. The lab report also said the residue can be left if a person is near weapon as it fires, or if a person handles a weapon with primer residue already on it. Police have insisted no officers fired during the Jan. 17 raid where police went looking for marijuana. Police contend Frederick alone opened fire, with one bullet killing narcotics detective Jarrod Shivers.

That's at least suggestive that the police haven't been truthful about the raid. And then there's this:

Meanwhile, Frederick's family revealed a bullet hole inside the home they say was caused by police fire. The hole passes through a corner by Frederick's back bedroom. Family members said, and Frederick's attorney confirmed, that police went to the home days after the shooting and plugged the hole with some kind of putty or filler. Defense investigators have pictures of the hole before and after the filler was added, according to attorney James Broccoletti.

And this:

The state crime lab also did some testing on a .223 Remington cartridge found in Frederick's home. However, the lab did not do DNA testing on the cartridge nor is there any indication what kind of weapon fired the round, according to the paperwork. Police search warrants do not show officers located any weapon in Frederick's home capable of firing a .223 round. Chesapeake police spokeswoman Christina Golden confirmed some officers are issued Bushmaster M4 Patrol Rifles, which shoot .223-caliber ammunition.

Prosecutor Paul Ebert will announce on Friday whether or not he intends to seek the death penalty. I'm still attempting to get in touch with Ryan Frederick's attorney James Broccoletti for comment on my report last week about a possible second informant in the case, who stated that he and a man named "Steven" broke into Frederick's house prior to the raid to gather evidence.

 

[SomeGuy]

Prosecutor promises we will be surprised by the evidence. Personally, I'm never really surprised when the physical evidence doesn't match what the cops say.

My vote goes to: Huge character assassination by the police and prosecutor based on flimsy evidence that they won't even be able to produce.

Prosecutor won't seek death penalty for Ryan Frederick

The Virginian Pilot

By John Hopkins
The Virginian-Pilot
© June 20, 2008

CHESAPEAKE

Special prosecutor Paul Ebert said Thursday that he will not seek the death penalty against Ryan Frederick, the 28-year-old Chesapeake man accused of killing a city detective.

Frederick is charged with capital murder, use of a firearm during the commission of murder and manufacturing marijuana. He is accused of fatally shooting Detective Jarrod Shivers on the night of Jan. 17 while Shivers and more than a dozen other officers executed a drug search warrant.

Shivers, a 34-year-old father of three, was standing near Frederick's home in the 900 block of Restart Ave., when he was shot, police said.

Ebert said his decision was based on Frederick's age and lack of a criminal record. Ebert noted that Shivers was hit by only one shot, which he said would not constitute the "aggravated battery" needed in a death penalty case.

State law requires a prosecutor to disclose before a trial begins whether he will seek the death penalty against someone charged with capital murder. Ebert informed Chesapeake Circuit Court of his decision during a conference call from Northern Virginia. He also set three tentative dates for motion hearings in the case.

He said there has been much speculation about the case and that the public will be surprised by the facts when they come out during the trial. Frederick's lawyer, James Broccoletti, could not be reached for comment Thursday evening.

Ebert, the commonwealth's attorney from Prince William County, was appointed to prosecute the case because local prosecutors had worked closely with Shivers. Chesapeake Commonwealth's Attorney Nancy Parr sought an outside prosecutor to avoid any perceived appearance of conflict or bias by her office.

Frederick remains in jail without a bond. In a jail interview earlier this year, Frederick said he fired two shots through his door at what he feared were intruders that night.

The two shots were fired through the front door as officers were using a battering ram on it. One shot from a .380-caliber handgun hit Shivers, an eight-year police veteran.

After the shooting, police returned with a second search warrant and seized a Bersa "Firestorm" .380-caliber handgun, two .380 bullet casings, one .223-caliber bullet casing, a Samsung TV, a broken wooden door, a pry bar, a battering ram, a shoe and flashlight.

The .223-caliber shell was entered into the National Integrated Ballistics Information Network and could not be matched, according to lab results. Police have said they did not return fire during the raid.

 

[ItsGrowTime]

Two things from those last two articles. Ebert is VA's "big time attorney". He prosecutes all the high profile cases in VA. He was the prosecutor in the Lorena Bobbitt trial and the VA sniper trial, IIRC, among others. He's not just some "outside attorney". He's the best VA has. I think they are gonna need it.

Second, the .223 round is a RIFLE cartridge, not a handgun cartridge. And guess who carries guns capable of firing .223? COPS! M4's are automatic versions of AR-15s, that civilians can purchase. Civilians, unless Class 3 automatic weapons license holders, can not purchase M4's. Unless Frederick has an AR-15 in his home or a similar military assault style rifle there's no way he fired that bullet. The cops are lying.

 

[inflorescence]

Second, the .223 round is a RIFLE cartridge, not a handgun cartridge. And guess who carries guns capable of firing .223? COPS! M4's are automatic versions of AR-15s, that civilians can purchase. Civilians, unless Class 3 automatic weapons license holders, can not purchase M4's. Unless Frederick has an AR-15 in his home or a similar military assault style rifle there's no way he fired that bullet. The cops are lying.

Of course they are. He said he fired two shots and they recovered two of his casings.

Where did the third casing come from? Did he have a rifle in one hand and a handgun in the other? Of course not.


This case makes me sick.

I love how they overlook the fact that no MJ plants were found.
Wasn't that the basis for their intrusion in the first place?

I hope this guy sues civilly and gets millions.

But it will just be millions of tax dollars wasted because the tax payers in that sense are really just subsidizing police officers negligent behavior.

Wouldn't it be great if YOUR boss paid everytime you screwed up and tried to send the guy you screwed up against to jail for the rest of his life.

 

[Backwoods Bud]

Thanks for keeping up with this story, someguy. The people of Virginia should write the AG and DEMAND that Ryan Frederick's charges be dropped! Tell him not to waste their tax dollars imprisoning and innocent man. It was the police's negligence and thug tactics that got the cop killed. I hope Frederick wins a RECORD civil judgement! Every person who had a hand in this warrant being served should be prosecuted. The informants, cops and the judge who signed off on it!

 

[SomeGuy]

Thanks for keeping up with this story, someguy. The people of Virginia should write the AG and DEMAND that Ryan Frederick's charges be dropped! Tell him not to waste their tax dollars imprisoning and innocent man. It was the police's negligence and thug tactics that got the cop killed. I hope Frederick wins a RECORD civil judgement! Every person who had a hand in this warrant being served should be prosecuted. The informants, cops and the judge who signed off on it!

Oh yeah! Plus they've denied the guy bail so he's been sitting in jail since this happened. I personally cannot WAIT for this "surprise" evidence.

 

[~fvk~]

If these pigs are willing to lie thus far then I wouldn't be surprised if this new witness/accomplice is all bullshit and the first informant is getting vised by the balls... Mother fuckers can't just admit their mistake... On top of this, the guy is still being charged with cultivation of cannabis? WTF???

This is all obviously bullshit... But leave it up to our "justice" system to make the wrong decisions, as usual...

 

[Orangecrush]

Someguy thanks for updating this post. It is a very interesting story and I hope you continue to share it.

 

[SomeGuy]

Thanks to Backwoods for bringing it here to begin with.
I just try to do a weekly search and see any new developments. This one is interesting in that it could go either way. Still pretty incredible that they've been able to deny the guy bail despite their complete lack of any original evidence showing they had a right to be there in the first place.
Maybe the cops are looking to give him an opportunity to "hang himself" in his cell.

 

[SomeGuy]

Trial date set for man accused of killing Chesapeake detective

Trial date set for man accused of killing Chesapeake detective

Trial is set to start in January although they will begin hearing motions in August. Ryan is still being denied bond and will likely be in jail a full year before going to trial despite having no prior criminal record.

The Virginian-Pilot

By John Hopkins
The Virginian-Pilot
© June 26, 2008

CHESAPEAKE

Tentative dates have been scheduled for the trial and pretrial motions for Ryan Frederick, a 28-year-old Portlock man accused of killing a Chesapeake police detective earlier this year.

The trial date has been scheduled for Jan. 20 in Chesapeake Circuit Court. Pretrial motion hearings have been scheduled for Aug. 7 and Sept. 9, according to court records.

Frederick is charged with capital murder, use of a firearm during the commission of a murder and manufacturing marijuana. He is accused of fatally shooting Detective Jarrod Shivers on the night of Jan. 17 while Shivers and more than a dozen other officers attempted to execute a drug search warrant.

Shivers, a 34-year-old father of three, was standing on the front steps of Frederick’s home in the 900 block of Redstart Ave., when he was shot, police said. Frederick is being held in jail without bond.

 

[T-type]

well I bet there are a couple of officers that will be a little scared to serve no knock warrants now...
And one dead one that took his power too seriously and died for it...
Whats the point, what are these people thinking when they sign up to be cops.
Do they honestly think that busting him would have even been a good thing for the world or what?

If every time a warrant was served a cop got shot, there would be no more warrants served...
But that can't happen because the government holds a monopoly on the use of power.