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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-frederick-loses-appeal-copshooting-verdict
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-frederick-loses-appeal-copshooting-verdict