[TacoSusio]

Reason Magazine - Another Drug Raid Nightmare

Imagine you're home alone.

It's 8 p.m. You work an early shift and need to be out the door before sunrise, so you're already in bed. Your nerves are a bit frazzled, because earlier in the week someone broke into your home. Oddly, they didn't take anything; they just rifled through your belongings.

But the violation weighs on your mind. At about the time you drift off, you're awakened by fierce barking from your two large dogs. You hear someone crashing into your front door, as if he's trying to separate it from its hinges. You grab the gun you keep for home defense and leave your room to investigate.

This past January that scenario played out at the Chesapeake, Virginia, home of 28-year-old Ryan Frederick, a slight man of little more than 100 pounds. According to interviews since the incident, Frederick says when he looked toward his front door, he saw an intruder trying to enter through one of the lower door panels. So Frederick fired his gun.

The intruders were from the Chesapeake Police Department. They had come to serve a drug warrant. Frederick's bullet struck Detective Jarrod Shivers in the side, killing him. Frederick was arrested and has spent the last six weeks in a Chesapeake jail.

He has been charged with first degree murder. Paul Ebert, the special prosecutor assigned to the case, has indicated he may elevate the charge to capital murder, which would enable the state to seek the death penalty.

At the time of the raid, Ryan Frederick worked for a soft drink merchandiser. Current and former employers and co-workers speak highly of him. He also recently had gotten engaged, a welcome lift for a guy who'd had a run of tough luck.

He lost both parents early in life, and friends say the death of his mother hit particularly hard—Frederick discovered her in bed after she had overdosed on prescription medication. After the deaths of both parents, Frederick grew close to his grandmother, who then died two years ago.

Friends and neighbors describe Frederick as shy, self-effacing, non-confrontational, and hard-working. He had no prior criminal record. Frederick and his friends have conceded he smoked marijuana recreationally. But all—including his neighbors—insist there's no evidence he was growing or distributing the drug.

According to the search warrant, the police raided Frederick's home after a confidential informant told them he saw evidence of marijuana growing in a garage behind the home. The warrant says the informant saw several marijuana plants, plus lights, irrigation equipment and other gardening supplies.

After the raid, the police found the gardening supplies, but no plants. They also found a small amount of marijuana, but not much—only enough to charge Frederick with misdemeanor drug possession.

Frederick told a local television station that he was an avid gardener. A neighbor I spoke with backs him up, explaining that Frederick had an elaborate koi pond behind his home and raised a variety of tropical plants. He'd even given his neighbors gardening tips on occasion.

One of the plants Frederick told the local television station he raised was the Japanese maple, a plant that, when green, has leaves that look quite a bit like marijuana leaves.

So far, Chesapeake police have given no indication that they did any investigation to corroborate the tip from their informant. There's no mention in the search warrant of an undercover drug buy from Frederick or of any extensive surveillance of Frederick's home.

More disturbingly, the search warrant says the confidential informant was inside Frederick's house three days before the raid—about the same time Frederick says someone broke into his home. Frederick's supporters have told me that Frederick and his attorney now know the identity of the informant, and that it was the police informant who broke into Frederick's home.

Chesapeake's police department isn't commenting. But if true, all of this raises some very troubling questions about the raid, and about Frederick's continued incarceration.

Special prosecutor Paul Ebert said at a recent bond hearing for Frederick that Shivers, the detective who was killed, was in Frederick's yard when he was shot, and that Frederick fired through his door, knowing he was firing at police.

Frederick's attorney disputes this. Ebert also said Frederick should have known the intruders were police because there were a dozen or more officers at the scene. But some of Frederick's neighbors dispute this, too. One neighbor told me she saw only two officers immediately after the raid; she said the others showed up only after Shivers went down.

What's clear, though, is that Chesepeake police conducted a raid on a man with no prior criminal record. Even if their informant had been correct, Frederick was at worst suspected of growing marijuana plants in his garage. There was no indication he was a violent man—that it was necessary to take down his door after nightfall.

The raid in Chesapeake bears a striking resemblance to another that ended in a fatality. Last week, New Hanover County, N.C., agreed to pay $4.25 million to the parents of college student Peyton Strickland, who was killed when a deputy participating in a raid mistook the sound of a SWAT battering ram for a gunshot, and fired through the door as Strickland came to answer it.

In the case where a citizen mistakenly (and allegedly) shot through his door at a raiding police officer, the citizen is facing a murder charge; in the case where a raiding police officer mistakenly shot through a door and killed a citizen, there were no criminal charges.

Over the last quarter century, we've seen an astonishing rise in paramilitary police tactics by police departments across America. Peter Kraksa, professor of criminology at the University of Eastern Kentucky, ran a 20-year survey of SWAT team deployments and determined that they have increased 1,500 percent since the early 1980s—mostly to serve nonviolent drug warrants.

This is dangerous, senseless overkill. The margin of error is too thin, and the potential for tragedy too high to use these tactics unless they are in response to an already violent situation (think bank robberies, school shootings or hostage-takings). Breaking down doors to bust drug offenders creates violent situations; it doesn't defuse them.

Shivers' death is only the most recent example. And Ryan Frederick is merely the latest citizen to be put in the impossible position of being awakened from sleep, then having to determine in a matter of seconds if the men breaking into his home are police or criminal intruders.

You wonder how many people can honestly say they'd have handled it any differently than he did.

[scarymoose]

[elroypornlab]

Complete bullshit maybe if Law enforcement wasn't so eager to harass and violate peoples homes these things wouldn't happen it's a shame The officer was fatally shot but him being a police officer he should have known his profession lends itself to being possible wounded or killed again it is the worst kind of accident that the officer was killed perhaps in the future law enforcement should be more selective as to which doors they choose to kick in

[AnnonUSA]

Welcome to the USA. The Land of Fear and Intimidation.

[elroypornlab]

All the more reason to pitch a bitch

[taco]

He put himself in this predicament. Sux for him but he shoulda laid lower. There has to be more to the story than were able to read. You anti-antifreedom folks just got your panties all george bush type wadded.

[AnnonUSA]

Oh yeah, ShiVers!

[TheBagman]

Originally Posted by taco

He put himself in this predicament. Sux for him but he shoulda laid lower. There has to be more to the story than were able to read. You anti-antifreedom folks just got your panties all george bush type wadded.

You could never be more wrong.

[AnnonUSA]

When you make a mistake, you sometimes pay for it. When the police make a mistake, you will certainly pay for it....

[TacoSusio]

yeah, the pigs mistake and this guy will pay for it...

[TheBagman]

Anyways, Radley Balko (author of this Reason Magazine article that Susio linked to) has his own blog and I am subscribed to the RSS feed. His main specialty is studying paramilitary drug raids on U.S. citizens and specially critisized ones gone wrong. He also talks about other civil liberties and economic issues with strong libertarian slants. Anyways, here's a little information on the informant the cops decided to use...

The Agitator » Blog Archive » Informant Revealed in Chesapeake Raid?

Some potentially big news in the Chesapeake,, Virginia drug raid this past January that resulted in the death of Chesapeake PD Det. Jarrod Shivers, and sent 28-year-old Ryan Frederick to jail on murder charges.

Local news station WTKR reporter Stacy Smith was given access to letters Frederick has written to friends and relatives. From those, she has determined that the informant in the case is 20-year-old named "Steven." The station isn’t yet reporting the man’s full name. Chesapeake PD refuses to confirm his identity.

The informant was apparently dating the sister of Frederick’s fiance. Prior to the raid, Frederick and the informant got into an argument after Frederick accused him of stealing something from his home. According to Frederick, the informant threateningly promised he’d be back—which may explain the break-in just prior to the raid.

The informant has a shady past, including arrest for trespassing, a spotty employment history, and—most interestingly—a grand larceny arrest for credit card theft and credit card fraud just prior to the raid. After the raid, the grand larceny charge against the informant was dismissed. The fraud charge was set aside. The fraud charge was later reinstated. "Steven" was due in court to face that charge last week, but didn’t show. He’s now considered a fugitive.

Smith writes:

According to the affidavit for the search warrant that informant is the only source for the raid. There were no corroborating confidential informants. There was no surveillance. There were no undercover dope buys.

If Smith is correct, the police took the word of an unemployed guy with a grudge, a criminal record, and who had just been arrested for stealing credit cards, all in order to conduct a nighttime raid on a guy who had no prior record, and for whom neighbors and former employers have nothing but praise. They apparently did no corroborating investigation. A cop died as a result. And now they want to bring the hammer down on Ryan Frederick to account for their mistakes.

It’s increasingly looking like Ryan Frederick is not only innocent, but that he has a compelling civil rights suit against the city of Chesapeake and its police department.

[AnnonUSA]

Originally Posted by TheBagman

Anyways, Radley Balko (author of this Reason Magazine article that Susio linked to) has his own blog and I am subscribed to the RSS feed. His main specialty is studying paramilitary drug raids on U.S. citizens and specially critisized ones gone wrong. He also talks about other civil liberties and economic issues with strong libertarian slants. Anyways, here's a little information on the informant the cops decided to use...

The Agitator » Blog Archive » Informant Revealed in Chesapeake Raid?

And based on all that info, there is no doubt, he will go to prison.

[elroypornlab]

Yea the guy will be lucky if they don't electrocute his ass

[TheBagman]

More info-

Reason Magazine - Hit & Run > Report from Chesapeake: Possible Second Informant Emerges in Ryan Frederick Case

Twenty-eight-year-old Ryan Frederick currently sits in a jail in Chesapeake, Viginia for killing Det. Jarrod Shivers during a drug raid on Frederick's home. He had no criminal record, and just a misdemeanor amount of marijuana in his home. He also says someone broke into his home three nights before the raid. He's being charged with capital murder and felony manufacture of marijuana.

The raid was conducted based solely on the word of a confidential informant. Police made no attempt to buy drugs from Frederick. A couple of weeks ago, local TV station WTKR identified the police informant in the case, a 20-year-old man named Steven who had several charges pending against him at the time of the raid, was dating the sister of Frederick's fiance, and had a standing grudge with Frederick. The station reported that Frederick and his friends and family believe Steven was the one who broke into Frederick's home the same week of the raid.

Last week I received a tip that there may have been a second man involved in the break-in at Ryan Frederick's house. My source has spoken to the man a few times over the last few months, and says the man has confirmed not only that he and Steven together broke into Frederick's house at the behest of the police, but that the two had been working as paid police informants for months—and had actually broken into several houses around Chesapeake, all with the blessing of Chesapeake police officers.

The second man is currently in the Chesapeake City jail. I don't see any point in revealing his identity right now, so I'll just call him "Reggie." I called the jail and arranged an interview with Reggie set for last Saturday afternoon. The jail checked with Reggie, who then asked what the interview would be about. I mentioned Steven's name, and Reggie agreed to the interview.

Reggie initially was reluctant to talk to me (more on that later). Between the time I arranged the interview and the time I drove to Chesapeake to speak with him, his attorney had instructed him not to talk to me at all. I asked if he'd be more willing to talk if I didn't use his name. He responded that he's not worried about retaliation for being a snitch, he's worried about retaliation from the police.

Still, after a few minutes, he did begin to corroborate some of the things my source told me.

Reggie told me he knows Steven "from the streets." He confirmed that the two had been working as paid police informants for several months. The police would pay them to find stashes of drugs or evidence of burglaries. I asked Reggie if the police ever encouraged him to actually break into a home to look for information, as he had told my source. Reggie hesitated, then declined to say. "I don't want to get into any more trouble," he said.

I then mentioned my source, and asked if Reggie he had spoken with him. He said "yes." I asked if what he told my source was true. He again said "yes," but added that he was scared, and "that's not something I can get into right now. I just want to do my time and go home."

Because they were regularly working with the police, the two men seem to have started to think they were above the law. Last January, just a few days before the Ryan Frederick raid, Steven was arrested and charged with credit card fraud and grand larceny for some credit cards police say he stole last December.

Reggie told me Steven contacted him shortly after that arrest, and told him about the charges. He says Steven told him he had worked out a deal with the police where they'd help him with the credit card charges if he could bring back evidence that Ryan Frederick was growing marijuana.

Reggie says he and Steven then broke into Frederick's detached garage to obtain evidence against Frederick. Once again, I asked if the police knew about the break-in. Reggie again refused to answer, and again explained that he was afraid of possible retaliation from the police.

Reggie said he's personally never met Frederick, and that the break-in at Frederick's house all went through Steven. He said he saw television reports of the raid later that week, and immediately knew it was the same house he and Steven had broken into days earlier.

Reggie was arrested a few weeks later on February 12 on a burglary charge he says was trumped up.

Reggie has a long record. In May 2007 he pleaded guilty to burglary, grand larceny, and breaking and entering. He served six months of a three-year sentence on those charges, with the rest suspended. He was released in August. In 2006 he was charged with burglary and arson of an occupied dwelling. Those charges were nolle prossed, meaning the prosecutor could refile them within the statute of limitations if he wished.

But Reggie says the burglary charge on February 12 was concocted to keep him quiet about the Frederick raid. If what he told my source is true—that the police were encouraging informants to break into private residences to gather evidence—that's pretty damning. It would amount to actual criminal conduct by members of the Chesapeake Police Department.

Reggie explained to me last weekend that one reason he was reluctant to talk to me is that shortly after he spoke to my source earlier this year, the police added additional charges to rap sheet. He believes this too was retaliatory, and designed to keep him quiet. This, he said, is why he couldn't be as forthcoming with me. He was denied bail on February 14th, and has been in the city jail ever since.

A search of the Chesapeake General Court's public records presents a time-line that supports Reggie's story. He was arrested on February 12 on charges of burglary, grand larceny, and credit card larceny. He spoke to my source a few times over the next several weeks. On June 5, the police then added another grand larceny charge, and a charge of entering a house to commit assault and battery. At that point, Reggie stopped talking to my source.

We also know that the credit card charges for which Steven was arrested in January were dropped in April. They were then reinstated in May, and Steven was indicted. On May 19 a warrant was issued for his arrest. I was able to get in touch with a friend of Steven's, who made it rather clear that Steven isn't interested in talking to journalists right now.

So at the very least, here, we now have more confirmation that informants working for the police illegally broke into Ryan Frederick's home three days before the drug raid. At worst, they may have done so with the consent of the police, this may not have been the first time they've done so, and the police may be intimidating the two men to prevent them from talking about it.

Moreover, you also have the unfortunate scenario where two men who may be the most important witnesses in Ryan Frederick's trial are facing a slew of charges of their own, and basically at the mercy of the very police department their testimony could implicate.

Back in January, Chesapeake City Manager William Harrell hired an outside firm to conduct a top-to-bottom review of the city police department. So it seems clear that some officials in Chesapeake city government know there are problems. Given the circumstances of this case, though, and that a man's life may be on the line, these latest allegations merit an outside investigation of Chesapeake PD, if not by Virginia Attorney General Bob McConnell, then by U.S. Attorney Chuck Rosenberg.

Prior archive of Frederick posts here.

MORE: I should have included in the original post that I attempted to contact Reggie's attorney for comment. She didn't return my call. The Chesapeake Police Department also had no comment. I have not yet tried to call Ryan Frederick's attorney, but plan to this morning. Thus far, he hasn't been all that interested in speaking to the media.

[Ricky L.]

He is currently serving a 10 year sentence for volentary Manslaughter.

Ryan Frederick sentenced to 10 years for killing detective | HamptonRoads.com | PilotOnline.com

By Louis Hansen
The Virginian-Pilot
© May 9, 2009
CHESAPEAKE
During his months in jail, Ryan Frederick wrote and rewrote an apology to Jarrod Shivers' family in his mind and on paper.
Hours before his Friday morning court sentencing, Frederick scribbled away again on a yellow notepad in his solitary cell until 2 a.m. "I did rough draft after rough draft," he said. "Ball it up, throw it away. Ball it up, throw it away."
It all boiled down to a simple expression: "I'm sorry."
Later in a Chesapeake courtroom, Frederick faced the family of the detective he killed during a drug raid in January 2008. Dressed in a red prison jumpsuit, he softly read a one-minute, handwritten statement. He said he did not expect forgiveness.
"All I can do is apologize."
Nicole Shivers, the detective's widow, wore black and sat several feet away. She listened without visible emotion.
Circuit Court Judge Marjorie A.T. Arrington on Friday followed a jury's recommendations and imposed the maximum: 10 years for voluntary manslaughter. Frederick, 29, must spend at least 8-1/2 years in jail, with credit for time already served.
He also faces three years of supervision after his release and must pay a $500 fine for possessing marijuana.
Outside the courthouse, members of the Shivers family said they accepted the judge's decision to enforce the maximum punishment. Nicole Shivers said she has not forgiven Frederick but added, "I don't have hate for him."
Prosecutors and family members portrayed Shivers as a hard working family man whose death was a great blow to his community.
Shivers enlisted in the Navy after high school and worked as an aircraft handler and supervisor on the deck of the carrier Theodore Roosevelt. He started a family, and he left the Navy to spend more time at home. He joined the Chesapeake Police Department in 2000 and rose to the rank of detective.
During a raid on Jan. 17, 2008, Frederick shot Shivers as he entered his home in the city's Portlock section.
Shivers, 34, left three children: Brittnie, Ashleigh and Landon.
Before leaving the courthouse with family and friends, Nicole Shivers said she's still "trying to learn how to be a single parent."
The highly charged trial included a special prosecutor, testimony from several jailhouse snitches, tearful family members, and a parade of police officers. A jury rejected a capital murder charge and found Frederick guilty of voluntary manslaughter in February.
Defense lawyers argued that Frederick shot in self-defense after he was awakened and thought burglars were breaking through his front door. His home had previously been burglarized.
Neither side was satisfied by the verdict.
On Friday, Jim Shivers, the detective's father, said the family remains puzzled and disappointed by the jury's decision. He did not think the verdict was fair, he said, "but it's the one we got. It's the one we're going to live with."
Shivers was pleased the judge handed out the maximum sentence.
Jack Bider, president of the Chesapeake chapter of the Fraternal Order of Police, also said the 10-year sentence seemed unfair punishment for the loss of a fellow officer.
Bider acknowledged that the jury had carefully weigh ed the evidence before reaching a decision. "Then that's the verdict," he shrugged.
The case is expected to continue in an appeals court. Defense attorney Eric Korslund argued that Frederick, who had no prior criminal record, should be retried on lesser charges. "We're going to try to get a new trial for him," he said.
From jail, Frederick said he accepted his punishment.
He repeated his apology. "It's a tragedy all the way around. His folks are suffering. I'm doing time," he said. "There's no closure."

[TheBagman]

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