KILLER OR HERO? LET'S WAIT FOR FACTS BEFORE WE PASS JUDGEMENT

The Virginian-Pilot/ Pilot Online ^ | February 26, 2008 | Kerry Dougherty

[brwnsuga]

RYAN FREDERICK is no hero, no matter what they're saying about him on the Internet.

He's the 28-year-old Chesapeake man being held in the Jan. 17 shooting death of Detective Jarrod Shivers.

Shivers, 34, was executing a drug search warrant at Frederick's residence the night he was killed. According to police, the eight-year police veteran was hit in the arm and chest by a shot fired from inside the house.

In a jailhouse interview, Frederick said he was in bed when the police came to his door about 8:30 p.m. Awakened by his barking dogs, Frederick said, he thought his house was being invaded. He didn't know the police were the cause of the commotion, he said.

Even so, it's troubling that a man charged with first-degree murder - for allegedly killing a cop, no less - has generated an ardent fan club. If you Google "Ryan Frederick" and "Jarrod Shivers," you'll get more than 1,000 hits and an eye-opening lesson in wild Internet rumor-mongering and misplaced hero worship.

From his jail cell, Frederick has somehow morphed from an accused cop killer into an innocent victim.

Supporters of Frederick staged a demonstration outside the jail on Saturday. Some protesters carried "Free Ryan" signs.

Oh, please. Ryan Frederick is right where he belongs - in jail. Until the matter is adjudicated, anyway. Even so, some are begging the system to spring him, fueled by the half-truths and outright lies spreading through cyberspace that portray Frederick as a "drug war victim."

Unfortunately, this uninformed rush to judgment isn't confined to the blogosphere.

When was the last time you heard a defense lawyer, in a highly publicized murder case, no less, say that he does not want a change of venue?

"No, no, he has too much support here," said Frederick's attorney, James Broccoletti, when asked if he'd like the trial moved.

If it's unfair to have a jury pool skewed toward conviction, it should also be unfair to have one awash in sympathizers.

We can all agree that this is a sad and troubling case, one that raises serious questions about Chesapeake police procedures. Yet it raises equally vexing questions about the duties and responsibilities of private citizens who choose to exercise their Second Amendment rights.

The tragic part of this story is not that this young man is behind bars. He'll have his day in court. The true tragedy is that a young woman has been widowed. Three children are fatherless. And Chesapeake lost a cop in the line of duty.

Since the shooting, there's been a lot of grumbling about Virginia's drug laws and efforts to enforce them.

If you believe marijuana should be legal, call your state legislator and demand that it be decriminalized. Don't blame the cops for enforcing Virginia's laws.

I don't know if Ryan Frederick is guilty of murder or of anything else. Neither do you. None of us has all the facts.

So here's a thought: What do you say we all hold our fire until the defendant goes on trial?

[Titus Quinctius Cincinnatus]

Thank you. I don't know why anyone else can't see that. Some cops just love using their "dynamic entry" equipment.

Gotta justify the budget increases somehow.

[SeaHawkFan]

We can all agree that this is a sad and troubling case, one that raises serious questions about Chesapeake police procedures. Yet it raises equally vexing questions about the duties and responsibilities of private citizens who choose to exercise their Second Amendment rights.

It's more of a 5th Amendment right and a common law right to defend ones castle. The 2nd Amendment gives the citizen the right to defend his 5th Amendment rights against others, INCLUDING THE GOVERNMENT.

[Rick.Donaldson]

Thanks, but let’s say up to this point in my life, I never have missed.

[Phlyer]

If they kill power to the house then a pornographer can’t do that. Simple.

Or, in the more general case, try to find some non-life-threatening way to protect the evidence. And any home invasion is inherently life threatening - if not in the specific instance of the no-knock warrant, then in the potential for criminal home invaders to use that tactic later.

You are right. Kicking in the door is only acceptable if there are lives on the line. At the very least a cops life is worth no less.

I'm glad you think I'm right, but I'm not sure I agree with your characterization of my statement. Kicking in the door is only acceptable if there are innocents inside in immediate danger if a valid warning is given. There may be lives on the line in many circumstances. As I said above, a no-knock warrant establishes a tactic that puts the lives of others, in later situations using that tactic legally or illegally, on the line. Just as in your example of killing power to the building, the police can and should be expected to find tactics that don't put any lives on the line - including their own, unless the suspects being sought have already put innocent lives on the line in the building.

Is a cop's life worth less than that of an ordinary innocent civilian? Of course not. But a cop's tactics can and must be held to a high standard of safety for all - particularly for the safety of innocent citizens. If they can't find those tactics, then they should do nothing until they do. Just as a physician is charged, 'First, do no harm.'

To be clear, there is no justification for using no-knock warrants when the threat in the event of a warning is to 'things' (like drugs or other evidence) rather than people.

[Joe Boucher]

Sounds like a job for Jerry Spense.

[Titus Quinctius Cincinnatus]

What do you do when criminals start screaming “Police!” in order to gain entry without being shot? While I sympathize with the police doing their work, how are ordinary citizens allowed to protect themselves in the sanctity of their homes?

Keep shooting until the police eventually learn that the tactic and concomitant budgetary increases are not worth the costs in manpower and lawsuits.

[logic]

While I sympathize with the police doing their work, how are ordinary citizens allowed to protect themselves in the sanctity of their homes?

Yes! The police have a job to do, but SO DO I!!!

As the man of the house it's MY responsibility to protect my family. You can knock on the door, show a legal warrant and have free reign inside my house or remove anyone you have a warrant for. You can also show up in the middle of the night, crash through my door, and shoot it out with me. There really are no other options.

[TalonDJ]

Oh I agree 100%. Raids of any sort put lives at risk. No knock ones much more so. Even if civilian lives are cheap to the establishment the life of a cop should be worth more than a small baggy of crack. Even the biggest jackbootlicker around should agree with that.

Your analogy is apt. ‘Protect and Serve’ should give someone a little hint that kicking in doors and putting guns in peoples faces needs a huge amount of justification to measure up. Protecting someone from getting high by pointing guns at them just does not add up. Protecting hostages does.

[Paine's Ghost]

(BTW, from a common sense standpoint, if four guys with guns rush in on you yelling POLICE, give up; because if they are lying, they are still going to win any fight you start).

It looks like this guy proved your theory wrong!

[Titus Quinctius Cincinnatus]

Possibly a false tip by someone with a grudge?

It's even possible that the tipster was somebody who tried to break into Frederick's house the week before.

Here are some details that are surfacing to date:

• Frederick claims to have been defending his home, having had a break-in the previous week (and says the police told him they knew he had a break-in and knew who did it).
  
• The warrant, based on information from an informant (it's looking a lot like the informant was the one who broke into Frederick's house), was for a large sophisticated marijuana grow operation in a detached garage. The police, after a very long delay and a second search, claim to have seized some lights and some marijuana (but no indication of seizing any quantity -- a sure sign that they only found some smokables).
  
• Frederick is into gardening and landscaping and was growing both tomatoes and young Japanese Maple trees (which look like this).
  
• Frederick has no record, and admits to being a recreational pot smoker and having a small amount (3 joints) in his home. This is in general supported by statements of family and neighbors.
  
• Police say that they announced before their forced entrance. Neighbors never heard it.
  
• The city manager today will apparently announce that the police department "will undergo a top-to-bottom examination including looking into procedures, policies and equipment used by the force."

[logic]

Better a few guilty folks go free than bust in on the innocent and wreck their house and their day and their rights.

And their life because they had a can of coke in their hand.....(also happened here in Denver)

[TalonDJ]

The 2nd Amendment gives the citizen the right ability to defend his 5th Amendment rights against others, INCLUDING THE GOVERNMENT.

There. I fixed if for you.

[ltc8k6]

It’s also pretty easy for a local plumber to retrieve whatever was just flushed while it’s still in that particular house’s sewer pipe in most cases.

[logic]

Their JOB is to protect our RIGHTS first, and foremost.

This is exactly what our entire society has completely forgotten!!!

Most everyone knows the first sentence of the third paragraph of The Declaration of Independence, "We hold these truths to be self evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness."

Strange how almost no-one remembers the next sentence, "That to secure these Rights, Governments are instituted among men, deriving their just powers from the consent of the governed,..."

The SOLE purpose of government is to PROTECT the (God given) RIGHTS of the people!!

[Joe Boucher]

My kid along with half the kids in America have smoked pot as I did when I was young. Does that give the cops an excuse to plow through your front door to search the place?
How about them doing L police work like going after the bankers that have been screwing folks with unfair mortgage practices? Nah, that would take some brains.

[logic]

The 2nd Amendment gives the citizen the right ability to defend his 5th Amendment rights against others, INCLUDING THE GOVERNMENT.

Exactly, the Right existed long before the second amendment!!

[MEGoody]

Sounds like the guy was in bed when he shot through his bedroom door at the detective.

If that's the case, what an idiot for shooting at that which he could not see.

[Rick.Donaldson]

One of the reasons for the “Miranda Rights” thing came about was this very thing. Protecting the rights of the accused.

Even though Mr. Miranda was found guilty in a LATER trial, the original case was overturned because he didn’t KNOW he had the legal rights to “be quiet” and had been intimidated by the cops before hand.

While I have no sympathy for a rapist - he still was “innocent until proven guilty”.

By kicking in a door and yelling “POLICE” the officers put themselves at risk, and the lives of INNOCENT PEOPLE at risk. Regardless whether they are known criminals, they still have rights until that trial finds them “Guilty”.

This is very simple. This is HOW it should be.

I’ve worked with many Law Enforcement folks over the years and most of them are jaded to the point they forget this stuff.

How MANY people are sitting in prison RIGHT NOW that are actually innocent because someone lied, or other things happened - or as one guy who just got out stated, “because the officer in charge wasn’t going to let anyone convince him I was actually innocent”.

[logic]

I’ve worked with many Law Enforcement folks over the years and most of them are jaded to the point they forget this stuff.

That is so sad and scary, but yet entirely believable.....

[AppyPappy]

He killed the cop who was outside the house when they woke him up at 8:30PM?