New evidence revealed in Ryan Frederick case in Chesapeake

12:35 PM EST on Monday, December 15, 2008
Reported by: Patrick Terpstra]

CHESAPEAKE –– An attorney representing a man accused of killing a Chesapeake police detective revealed new details about the year-old case.

Defense attorney James Broccoletti read a transcript of an audio recording made in a police patrol car made just minutes after Ryan Frederick was arrested and accused of killing Det. Jarrod Shivers.

Broccoletti said Frederick is recorded saying he opened fire on police because he believed they were intruders.

He is recorded saying his home was burglarized two days prior to the shooting.

Broccoletti said a detective is recorded telling Frederick: "We know that."

Broccoletti questioned why information about the burglary was not written in the search warrant used to raid Frederick's house. He also questioned how police knew about the break-in since Frederick never reported it.

In court, prosecutors did not dispute the allegation that police knew Frederick was burglarized.

But they told the judge there was still probable cause to search the property, with or without knowledge of a break-in.

Frederick's trial is set for Jan. 20.

Frederick's lawyer: Police may have known of break-in

By John Hopkins
The Virginian-Pilot
© December 16, 2008


Ryan Frederick's attorney argued Monday that an audio recording suggests police knew about an unreported break-in at his client's home just before the ill-fated drug raid in which a detective was killed.

The burglary occurred days before police raided Frederick's home in Portlock on Jan. 17. They had a search warrant, based on an informant's tips about a marijuana-growing operation. Frederick is accused of killing Detective Jarrod Shivers that night as he and other officers tried to enter.

James Broccoletti, Frederick's attorney, renewed a motion Monday in Chesapeake Circuit Court to have the search warrant thrown out. Judge Marjorie A.T. Arrington declined to reconsider the motion.

Broccoletti has argued the warrant - and all the evidence found under its auspices - should be suppressed because the police informant had burglarized Frederick's property to get drug evidence and the magistrate who granted the warrant was never told about the police informant's role in the break-in. Prosecutors have already acknowledged that "more than one person, including the confidential informant in this case" had broken into Frederick's detached garage.

Frederick, 29, has maintained that he fired twice at what he thought were intruders breaking through his front door.

The night Frederick was arrested, he was placed in a police car and a recorder was turned on, Broccoletti said. The recording is of Frederick trying to tell police about an earlier break-in at his home.

A detective on the recording replied: "We know that," Broccoletti said.

At another time, the detective states: "First off, we know your house had been broken into. OK?"

"Two separate occasions he tells the defendant that he knew the home had been burglarized," Broccoletti argued.

The special prosecutors in the case said there is nothing whatsoever to suggest police knew at the time who broke in or who was involved. They said police learned months later that the parties involved included one of their informants.

Frederick is scheduled to stand trial Jan. 20 on charges of capital murder, use of a firearm and manufacturing marijuana. He is being held in the Chesapeake Correctional Center.

Edit: Fredricks never reported the break in.