Suffolk Prosecutor Ferguson should indict ex cop and Duck
When the city's top prosecutor weighed whether to charge a retired city police officer who shot at an intruder on his property, his most pressing question was: Why did the homeowner shoot the intruder's windshield? On Thursday, Commonwealth's Attorney Phil Ferguson decided against charging Charles Duck with any wrongdoing. He concluded that Duck feared for his life and that of his wife when an intruder tried to steal a dog box from his property three weeks ago. Ferguson dealt with a similar case in 2009 when a store owner shot and killed a burglar who had broken into his store, J&L Food Mart in Whaleyville. At that time, he declined to prosecute the store’s owner, James H. Durden Jr., saying Durden believed his life was in danger. Their needs to be a special prosecutor to handle both cases as it is obvious that this attorney favors friends and ex cops in deciding who should be charged or not. If Ryan Frederick is sitting in jail because he was in fear for his life than why are these two not at least being put before a trial to be decided by peers. I hope the state takes over these cases if a prosecutor refuses to do his job.
This is a big race issue as well as a color of the law issue. People are shot everyday not because of property, but in fear of their life whether through robbery or attempting to assault and cause harm to someone life for no reason at all. People defend themselves everyday and are put in jail over the very same reason and excuse, but these two are allowed to get off. It needs to be fair enforcement of the laws through a impartial government and than justice can be efficient instead of inefficient. This is definitely a reform thats needed in order to stop the overcrowding of our jails with those that needs to be living a long and productive life instead of being rotted to the core in a jail that has no bias. Unless you the prosecutor are willing to say the justice system is flawed, because like yourself, you are unwilling to prosecute your friends but you will for your enemies. Bring in a special prosector and lets see if they have the same observation of justice that has been lacking in your eye sight, or will you man up and become willing to see that reform is neeeded, necessary,and can not be side track. If so than your way is malicious and your intent does more harm than ever good.
This article belows explains a little about the Ryan Frederick Case
The Virginian-Pilot
© May 29, 2008
TWO DETAILS, revealed during a preliminary hearing for the man charged with killing a Chesapeake police detective, were startling acknowledgments that police conducted a drug raid with only flimsy information that marijuana was being grown inside a Portlock home. The testimony by a colleague of Jarrod Shivers, who was fatally shot in the Jan. 17 incident, should concern city residents for these reasons:
Are police investigating sufficiently prior to raiding suspected dope houses? And would Chesapeake residents have acted any differently from the defendant, given the chaotic circumstances that night?
A substitute judge determined Tuesday that a grand jury should weigh first-degree murder and firearms charges against Ryan Frederick, 28. A misdemeanor marijuana possession charge, the reason for the raid, was dismissed. Frederick has said publicly that he fired shots from inside his home, thinking that an intruder was trying to enter. One shot struck and killed Shivers, 34, after police had used a battering ram on the front door.
Police were trying to rid the South Norfolk neighborhood of a potential menace. The police crew that went to Frederick's home, at 932 Redstart Ave., believed he was growing pot in the detached garage.
But the testimony by Detective Kiley Roberts, the sole witness at Tuesday's hearing and an officer on the scene that January night, is troublesome.
First, police placed huge stock in an unnamed "confidential informant," who gave details as early as November that Frederick was dealing drugs. There's no indication that information was supported independently. It's also unclear what motivated the informant to contact police; was the person trying to trade information on unrelated criminal charges? The department has said little about the individual.
Second, though police did surveillance at the home three or four times before the raid, Roberts testified on cross examination, they never noticed any unusual traffic to and from the house - which is sometimes an indication of drug activity. Police did a background check and found that Frederick had a job and no criminal history. And there's been no indication, in search warrants or testimony, that police used one of its own undercover officers to try to buy drugs from Frederick.
Given those facts, why did officers carry out the raid? An internal police probe has been completed, but that report will not be released, police said.
This is not to diminish Shivers' bravery on the night he died in the line of duty. And following the gunshots, Chesapeake police displayed enormous restraint by not rushing the house after one of their officers had been mortally wounded. (A separate .223 bullet casing, which did not come from Frederick's handgun, was recovered from the scene.)
But the tragedy has raised disquieting questions about the police methods of drug investigation; the tremendous show of force in what ultimately turned up a scant amount of marijuana; and why, given the circumstances, Frederick is being charged with first-degree murder instead of a lesser count, such as manslaughter.
The slaying of Detective Shivers appears to be a horrific anomaly. In 2007, Chesapeake police executed 50 narcotics warrants, leading to 72 arrests, numerous drugs recovered and weapons and property seized. Certainly, the department had conducted dozens of successful raids.
But one officer is dead, and one citizen faces a murder charge. This week's court proceeding suggests that, perhaps, police should never have raided that home on Redstart Avenue.
