imported post
Why is this case so important to gun owners? Dr Tabor explains it very well so I have lifted this from his web site. This is a lot of reading, so the last, and most important part for Virginia gun owners is in
BOLD.
Premeditation is usually proved by demonstrating a series of overt acts on the part of the accused that establish motive and anticipation of the act of murder. Such a series of actions is clearly missing in this case. Frederick did not know Det. Shivers, and did nothing to confront him, or any other law enforcement officer, and to the contrary, all of the overt acts leading to the death were committed by the police. Given the known circumstances of the shooting, the prosecutor would have to prove that Fredericks had formed the intention to shoot a policeman serving a warrant at some point and then waited for the opportunity. Given Frederick’s non-violent past and the absence of any evidence he was guilty of any serious crime beyond misdemeanor possession of marijuana(and thus would have reason to expect a police raid), only Fredericks himself could provide such testimony.
So, given the implausibility of the charge, we must question the motives of the police and prosecutor in continuing with such a gross overcharge. None of the possibilities cast a favorable light on our law enforcement officials.
One rational is that there is hope that the possibility of being convicted on a capital charge will frighten Frederick into accepting a plea to a lesser charge, (such as manslaughter rising out of negligence,) rather than have his day in court in hopes of being found not guilty based on self defense. It is not the proper duty of prosecutors to convict innocent citizens just for the sake of winning. Frederick was either acting in self defense, in which case Det. Shivers death is excusable, or he was negligent. A jury should decide if there is uncertainty in the mind of the prosecutor. Terrorizing Frederick into taking a deal is not a just outcome.
Another is that the police and prosecutor know that Frederick’s claim of self defense is valid, and that they will ultimately lose in court, and they simply wish to punish him anyway by keeping him in jail without bail for over a year awaiting trial, which is only possible if the first degree charge is kept in place. Using the technicalities of the legal system to exact vengeance on an innocent victim of police blunders would be most despicable of all.
Most frightening of all, for the rest of us, is the possibility that the prosecution intends to make the case that arming oneself to defend ones home is evidence of premeditation in and of itself. The consequences of that theory would be catastrophic to the rights of every Virginian who owns a firearm, or even a knife or bat. Equating the intention to defend one’s life and home with premeditation to commit murder if a mistaken identity leads to an accidental death would effectively deny the rights of self defense to all Virginians.
Link:
http://tidewaterliberty.wordpress.com/2008/05/11/ryan-fredericks-day-in-court-is-ours-as-well/
