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Thread: Ryan Frederick loses appeal of cop-shooting verdict

  1. #1
    Regular Member Thundar's Avatar
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    Ryan Frederick loses appeal of cop-shooting verdict



    By Louis Hansen
    The Virginian-Pilot
    © January 7, 2010

    A Virginia Court of Appeals judge has denied Ryan Frederick's bid to overturn his conviction for killing a city police officer.

    A jury found him guilty last year of voluntary manslaughter for killing Detective Jarrod Shivers during a raid on Frederick's South Norfolk home. A judge sentenced Frederick to 10 years in prison.

    Eric Korslund, Frederick's attorney, said he would continue to appeal to win a new trial.

    "Unfortunately, we're not shocked by the decision by the Court of Appeals," Korslund said. "This definitely isn't over by any means."

    The appeals judge, unnamed in a six-page decision given to lawyers Wednesday, rejected arguments that the trial and procedures contained significant errors. Frederick wants a new trial.

    Chesapeake police raided Frederick's home with a search warrant for narcotics in January 2008. Frederick said he believed his home was being burglarized and fired a single shot, according to court hearings.

    Shivers, a 34-year-old Navy veteran and father of three, was struck and killed.

    Frederick was charged with capital murder, use of a firearm while committing a murder and manufacturing marijuana. A jury opted instead to convict him of voluntary manslaughter and misdemeanor possession of marijuana.

    The appeals court judge wrote there was sufficient evidence to prove Frederick committed voluntary manslaughter. Based on the evidence, the judge wrote, the jury could find that Frederick "shot in fear and without reflection," two components of the charge.

    The appeals judge also wrote that the trial judge, Circuit Court Judge Marjorie A.T. Arrington, was correct to allow evidence of prior drug sales and instruct the jury on voluntary manslaughter.

    Korslund said Frederick will continue his appeal. Korslund said he expects to argue before a three-judge panel next and will take the case to the Supreme Court of Virginia if necessary.

    The special prosecutor, Paul Ebert, could not be reached for comment.

    Louis Hansen, (757) 222-5221, louis.hansen@pilotonline.com

    Link: http://hamptonroads.com/2010/01/ryan...ooting-verdict


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

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    Regular Member simmonsjoe's Avatar
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    IANAL, but I don't see how shooting with fear and without reflection is relevant. If this was a no-knock warrant (I'd like to know) than he had every reason to believe he was being burglarized, in which lawful force is justified.

    These no knock warrants are such bull@#$%. Catch the guy when he is leaving the house! If there is no fear of a hostage or something, the risk of life to PRESERVE EVIDENCE is not justified IMO.

    If this was a no knock, I hope he wins on appeal.
    illegal ≠ immoral legal ≠ moral
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    Regular Member Hendu024's Avatar
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    IIRC, it was a no-knock. They kicked in the door midday sometime, and the defendant was sleeping. Woke up, was disoriented and heard a commotion. The rest is history.

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    simmonsjoe wrote:
    IANAL, but I don't see how shooting with fear and without reflection is relevant. If this was a no-knock warrant (I'd like to know) than he had every reason to believe he was being burglarized, in which lawful force is justified.

    These no knock warrants are such bull@#$%. Catch the guy when he is leaving the house! If there is no fear of a hostage or something, the risk of life to PRESERVE EVIDENCE is not justified IMO.

    If this was a no knock, I hope he wins on appeal.
    BIG TIME!!!

    The things are all show, IMHO.

    Easy enough to know his schedule and get him coming out of the house or pull over for a traffic stop.

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    Regular Member Thundar's Avatar
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    Hendu024 wrote:
    IIRC, it was a no-knock. They kicked in the door midday sometime, and the defendant was sleeping. Woke up, was disoriented and heard a commotion. The rest is history.
    It was a regular Warrant, not a no knock.

    The police pounded on the door.

    Ryan Frederick came out of his bedroom.

    Movement in the house was used as justification for breeching the door.

    See here is how it works: If you don't answer the door they break yoiur door down. If you are home and move within your house they break your door down.

    This was not the only bitched home assault that Ches PD had within a two month period. There was at least one other.

    We don't even get into the whole police paid burglars, I mean informants, who flee and cannot be questioned.

    We don't even get into the rediculous Capitol Murder Charge, with the only state witness being a jailhouse snitch that was a habitual liar. When put on the stand, other DAs in numerous cities in Hampton Roads warned that the testimony was from a corrupt and known liar.

    But I digress.

    Ryan Frederick was convicted, but the jury instructions were BS, the warrant was obtained under really bad pretences and the DA was and is a cretin that blatently lied to keep the defendant locked up for over a year before the trial.

    It makes me sick. Chesapeake Police have not changed their tactics. The police chief retired, but his replacement is even worse.Bad thingswill continue to happen there. It is a big part of why I moved.


    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitableand let it come! I repeat it, Sir, let it come . PATRICK HENRY speech 1776

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    Regular Member tcmech's Avatar
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    Thundar wrote:
    Hendu024 wrote:
    IIRC, it was a no-knock. They kicked in the door midday sometime, and the defendant was sleeping. Woke up, was disoriented and heard a commotion. The rest is history.
    It was a regular Warrant, not a no knock.

    The police pounded on the door.

    Ryan Frederick came out of his bedroom.

    Movement in the house was used as justification for breeching the door.

    See here is how it works: If you don't answer the door they break yoiur door down. If you are home and move within your house they break your door down.

    This was not the only bitched home assault that Ches PD had within a two month period. There was at least one other.

    We don't even get into the whole police paid burglars, I mean informants, who flee and cannot be questioned.

    We don't even get into the rediculous Capitol Murder Charge, with the only state witness being a jailhouse snitch that was a habitual liar. When put on the stand, other DAs in numerous cities in Hampton Roads warned that the testimony was from a corrupt and known liar.

    But I digress.

    Ryan Frederick was convicted, but the jury instructions were BS, the warrant was obtained under really bad pretences and the DA was and is a cretin that blatently lied to keep the defendant locked up for over a year before the trial.

    It makes me sick. Chesapeake Police have not changed their tactics. The police chief retired, but his replacement is even worse.Bad thingswill continue to happen there. It is a big part of why I moved.

    I would like to add that the police knewthieves (informants whatever)broke into his home and stole the evidence. At least give the brother enough time to grow some more evidence before starting your gestapo raid.

    His neighbors said not onlydid the police not announcethemselves, that the place was not surronded till after the detective was shot.

    Frederickis a very small guy, I believe he is only 5'2" or so and was probably scared out of his mind when they started kicking his door in.

    The police would not have even been able to arrest him for the amount of marijuana he hadalone.

    With all of that being said I believe he did shoot through the door, instead of waiting for it to be kicked open. I believe that the worst crime he should have been tried and / or convicted of is involuntary manslaughter. Which is a misdemeanor and he should have been released at the conclusion of the trial for time served.
    If Obama is the answer; how stupid was the question?

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    tcmech wrote:
    SNIP involuntary manslaughter...is a misdemeanor...
    "Involuntary manslaughter is punishable as a Class 5 felony."

    http://leg1.state.va.us/cgi-bin/legp...00+cod+18.2-36



    "(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both."

    http://leg1.state.va.us/cgi-bin/legp...00+cod+18.2-10
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    What's up with people not giving their location?

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    Regular Member simmonsjoe's Avatar
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    Pagan wrote:
    What's up with people not giving their location?
    Good question, it is getting annoying.
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
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    Pagan wrote:
    What's up with people not giving their location?
    Back when there was an actively employed LEO as a moderator on this board, a number of members removed that information.

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    Moderator / Administrator Grapeshot's Avatar
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    kaiheitai17 wrote:
    Pagan wrote:
    What's up with people not giving their location?
    Back when there was an actively employed LEO as a moderator on this board, a number of members removed that information.
    Never personally saw that as a valid reason - ymmv.

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    Regular Member simmonsjoe's Avatar
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    Grapeshot wrote:
    kaiheitai17 wrote:
    Pagan wrote:
    What's up with people not giving their location?
    Back when there was an actively employed LEO as a moderator on this board, a number of members removed that information.
    Never personally saw that as a valid reason - ymmv.

    Yata hey
    I concur. Who cares? I judge actions not uniforms.
    illegal ≠ immoral legal ≠ moral
    [SIZE=1]"I never submitted the whole system of my opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. "Such an addiction is the last degradation of a free and moral agent." - Thomas Jefferson
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    Regular Member The Wolfhound's Avatar
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    If I remember from my youth back in the last century, Norfolk Police learned the "no knock" lesson the hard way. I recall an event with white powder seen bagged on a table prompting a raid. The elderly woman resident fired a single gunshot through the door at the noise of an intrusion. One dead police officer later it was learned that the white power was pre measured sugar for many batches of cookies she was going to make for church. Stupid and tragic on many levels.
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    Campaign Veteran marshaul's Avatar
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    Seriously, this remains utterly disgusting. Adequate language does not exist...

    This conviction remains a black mark on every American.

    **** these criminal scum.

  15. #15
    Campaign Veteran marshaul's Avatar
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    kaiheitai17 wrote:
    Pagan wrote:
    *What's up with people not giving their location?
    Back when there* was an actively employed LEO as a moderator on this board, a number of members removed that information.
    They did? And what exactly did that accomplish, pray tell?

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