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Dead Constitution
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Title: Police raid victim Ryan Frederick convicted for act of self defense
Source: examiner.com
URL Source: http://www.examiner.com/x-536-Civil ... exrss-Civil-Liberties-Examiner
Published: Feb 5, 2009
Author: J.D. Tuccille
Post Date: 2009-02-05 16:21:05 by bluegrass
Ping List: *Jack-Booted Thugs*     Subscribe to *Jack-Booted Thugs*
Keywords: None
Views: 486
Comments: 21

In Chesapeake, Virginia, Ryan Frederick was convicted by a jury of voluntary manslaughter in the shooting death of a burglar who was breaking down his door. It could have been worse; Frederick faced capital murder charges in the case, since the burglar was Jarrod Shivers, a police detective who was participating in a misfired marijuana raid on Frederick's home. But it also could have been better. Frederick could have received the same slap on the wrist that police officers usually get for killing innocent people during SWAT raids gone wrong. The case has been mired in controversy since the beginning. The raid was apparently sparked by a report from a freelance burglar who had earlier broken into Frederick's residence during the course of his work as a police informant who served as Fourth Amendment-evading eyes and ears for local law-enforcement.

That burglar reported seeing marijuana plants growing in Frederick's home. In fact, while the resident apparently did grow a few illegal plants at one time for his own use, the crop the burglar spotted appears to have been an unrelated and perfectly legal plant -- at least, police found only a small baggie of grass when they raided the place.

And raid they did. Ryan Frederick was in bed when he heard his door being knocked down. Fearing a return of the earlier burglars, he retrieved a gun and opened fire on his assailants, killing Shivers. During the trial, Frederick's neighbors testified that police made no audible announcement of their law-enforcement status, giving the man inside no warning of who he faced.

For his act of self defense, Frederick was convicted of voluntary manslaughter by a jury, which rejected stiffer charges, but also recommended a maximum sentence of ten years.

It's impossible to treat this incident outside the context of similar violent, paramilitary raids, which have resulted in dead people, dead pets, terrorized familes and growing divisions between good people and the law-enforcement officers who use such tactics. In the past few days, I've heard from Anita Culosi, whose son Salvatore, an optometrist, was gunned down by police in Fairfax County, Virginia, in the course of a SWAT raid over alleged sports gambing. I've also heard from Cheye Calvo, Mayor of Berwyn Heights, Maryland, whose two dogs were killed during a misfired SWAT raid on his home.

Both Culosi and Calvo are pursuing justice in their respective cases, as well as reforms to ensure that nobody else has to go through what they've suffered.

Which brings us back to Ryan Frederick. Frederick was lucky; unlike Salvatore Culosi, he survived the ordeal. But whereas Officer Deval Bullock was suspended for three weeks without pay for killing Culosi -- a penalty many of his fellow officers found too harsh -- Frederick will likely spend years in prison for killing Shivers.

Treat people as if they're the equals of police officers? What a radical idea.

Here's a more radical idea: Curtail the use of D-Day-style SWAT raids for the enforcement of laws against nonviolent activity. Subscribe to *Jack-Booted Thugs*

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Begin Trace Mode for Comment # 19.

#10. To: bluegrass (#0)

Interesting twist:

Frederick made local news in 2005 when he sued Dr. Sidney Loxley for $1.7 million, accusing the Chesapeake physician of medicating his mother to the point that she became addicted and later died of an overdose. Frederick’s mother, a former Chesapeake Sheriff’s Department employee, died in 2003.

...

A Chesapeake doctor and his wife are under arrest, facing a 91-count federal indictment unsealed Wednesday in the U.S. District Court in Norfolk.

Sidney S. Loxley, 62, and his wife, 39-year old Carol Dean Loxley, were also arrested Wednesday.

A federal grand jury returned the indictment last month. In it, Dr. Loxley, his wife, and Orthopedic Surgeons, LTD are charged with 83 counts involving controlled substances, including conspiracy to traffic and trafficking resulting in death; seven monetary counts, including laundering and transactions in criminally derived property; and one count of removal of property to prevent seizure...

"There are certain parties who are aggrieved at me over custody issues, over previous working relationships, over my finding out they embezzled from me ... (They) have joined together and made a complaint about me that is totally frivolous and fictitious."

Loxley says, "They got nothing, unless somebody planted something somewhere, and eventually, they're gonna let me alone."

Prefrontal Vortex  posted on  2009-02-05   17:18:43 ET  Reply   Untrace   Trace   Private Reply  


#12. To: Prefrontal Vortex (#10)

Frederick’s mother, a former Chesapeake Sheriff’s Department employee...

Ah. There's more to this story than the press is letting on. Good find.

bluegrass  posted on  2009-02-05   17:23:51 ET  Reply   Untrace   Trace   Private Reply  


#13. To: bluegrass (#12)

The doctor, Sidney Loxley, was later convicted in federal court of conspiracy to illegally dispense narcotics and was sentenced to seven years and three months in prison. Frederick and his sister sued. The case was terminated early last year, but the court record does not give a reason.

Prefrontal Vortex  posted on  2009-02-05   17:27:07 ET  Reply   Untrace   Trace   Private Reply  


#14. To: Prefrontal Vortex (#13)

It might be worth talking to Ryan Frederick and finding out the real story.

bluegrass  posted on  2009-02-05   17:30:59 ET  Reply   Untrace   Trace   Private Reply  


#15. To: bluegrass (#14)

Sister then left the country to live with her husband in Armenia. I kid you not.

Prefrontal Vortex  posted on  2009-02-05   17:36:58 ET  Reply   Untrace   Trace   Private Reply  


#16. To: Prefrontal Vortex (#15)

Linkie?

bluegrass  posted on  2009-02-05   17:39:07 ET  Reply   Untrace   Trace   Private Reply  


#17. To: bluegrass (#16)

His sister, Amanda Frederick Arakelyan, provided some insight into the past few years of her brother's life, however, through documents she posted online to support her attempt to get her husband, a native of Armenia, into the United States.

In January 2006, Frederick's grandmother died, and his sister had just moved to Armenia to be with her husband. It was a difficult time for Frederick, according to Arakelyan's application, which describes her brother's troubles as one of the main reasons she, along with her husband, needed to return to the United States. The document said Frederick was diagnosed with depression.

"Since (Frederick's) sister has left he is finding it increasingly difficult to pay all of his bills and needs his sister present to help him," the application said.

A complicated path led to a killing on his doorstep

Kid's dad had passed away too.

Prefrontal Vortex  posted on  2009-02-05   17:45:02 ET  Reply   Untrace   Trace   Private Reply  


#19. To: Prefrontal Vortex (#17)

We're all Ryan Frederick now.

bluegrass  posted on  2009-02-05   17:51:24 ET  Reply   Untrace   Trace   Private Reply  


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End Trace Mode for Comment # 19.

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