Tuesday, February 03, 2009

you can't ... you can't defend your home?

Xavier Thoughts: Ryan Frederick's Interrogation

The trial of Ryan Frederick is in progress.

Xavier Thoughts has a video of the initial interrogation of Ryan Frederick immediately after having shot dead a police officer who was "busting through" his door.

A quick recap: Ryan Frederick was at home, alone, in his home when he heard someone "busting through" his door. His dogs were barking, he had discovered a break-in the previous day and was already fearful for his property and his life. When he heard the noise he reacted instinctively to repel what he considered (perhaps rightly) aggressive attackers.

The man who was "busting through" his door was a police officer. Failing to identify the person who had forcefully entered his home without previous warning (remember, Frederick was asleep) he shot and killed that person.

Last September I wrote about this, in what may be a slightly more complete summary.

The police arrested him, and this entry replays the audio record of his initial interview ... while he was still suffering from "Fight or Flight" overload, without benefit of a lawyer, and deeply in the pangs of conscience.

As Xavier states in his article, "It is not easy to listen to Ryan Frederick's interrogation immediately after he shot a police officer. It is, however, informative."

Frederick's mood shifts moment to moment, from fear to grief to aggressive to defensive to explanation to expiation to anguish to trepidation to ... it's difficult to name an emotion which does not appear in this (about two minute, maybe three) video.

A few statements ring clear:
  • Somebody was busting in my door!
  • I thought they were trying to kill me.
  • You can't ... you can't defend your home?
  • "You can't just shoot through a door! (police interrogator)
One sequence which I found particularly revealing was:
  • Frederick: Somebody broke into my house yesterday, and ...
  • Interrogator: What did they steal?
  • Frederick: Nothing!
This is a tragedy on all sides, which is not helped by Frederick's admission that "I smoke marijuana, okay?"

If I had found myself in that position ... If I had discerned that someone broke into my house and didn't steal anything ... I would have reached the inevitable conclusion that the people who entered my home uninvited weren't after My Stuff. I would have assumed that they were after ME!

But hey, I'm just another paranoid gun-nut, right?

There were elements which set up this situation, elements of which the police were aware but Frederick was not. Among these elements was the fact that the police had been told by an informer that Frederick was growing Marijuana for sale, that the informer had illegally entered Frederick's home the previous day looking for evidence of a 'growing operation', and (having found no such verifiable evidence) reported the presence of scales, bags, fertilizer, grow-lights and "a plant" that looked like Marijuana. In fact, the plant was a juvenile ornamental with a leaf structure similar to Marijuana, and all other items were part of his hobby ... growing ornamental plants. (NOT Marijuana.)

One interpretation of the events which seems acceptable (at least, to me) is that Frederick was the victim of an unreliable police reformer with ties to the informal drug culture, that the informer had personal animosity toward Frederick, and that he (the informer) was determined to interpret his findings in the light which would best encourage the police to treat Frederick as a "Major Dealer/Grower".

Testimony has suggested that the police did announce themselves before engaging in an aggressive entry. Ryan's initial interrogation seems (again, to me) reliable in stating that he did not hear an announcement that he was being visited by the police. As he said, "I was asleep ... there was nobody in the house but me and my dogs" and he was awaken by the barking of the dogs.

And he grabbed his gun, and someone "busted through my door", and he thought someone was trying to kill him. So he shot at them.

And hit, and killed, a police officer.

---

The police confiscated a lot of 'stuff': grow-lamps, scales, small plastic bags, seeds, etc. All things which would logically be expected for the police to find on the premises of a Marijuana Grower.

But they didn't find any Marijuana plants.

---

I personally find it all to easy to believe that the police, in their zeal, took the unsubstantiated word of an informant (a known felon) and aggressively assaulted the premises of a man who they believed to be a Grower.

Frederick, who probably was asleep when the assault began, reacted as if he was the victim of a Home Invasion. (We hear about that often, and the police cannot seem to do anything to protect us from this criminal phenomenon.)

Ultimately, to my mind, this seems to be a situation in which the police did invade a home of a private citizen who interpreted it as a Home Invasion, and reacted to defend himself and his property.

But the police will never give up in their prosecution and, ultimately, persecution of Ryan Frederick. They are unable to admit that they made a mistake in judgement. They are unable to admit that their aggressive tactics may have served to construct a situation which the home-owner could only react in one way: to defend his life.

And so it comes down to a trial, in which the police may find themselves as much on trial as does Ryan Frederick. With one significant difference: The police are a unified organization. They only see one color: Blue. There are no shades of grey in their universe.

Frederick, on the other hand, is and remains a man who is confused, frightened, and (as he says): "I don't have anybody!"

A rich man would have walked by now. There is no evidence that Frederick as participating in any illegal activity apart from the private consumption of Marijuana (a "crime" punishible by nothing more than a fine, much like a traffic ticket.) Not much justification for killing a policeman.

Frederick is A Man Alone. Confused, frightened full of remorse and finding himself in a position similar to a kernal of corn in a remorseless grinding mill, Frederick has no-one to call upon for help. No family. No friends. No helpful member of the Third Estate. (Well, perhaps except for one.)


From Xavier thoughts of Match 23, 2008:

Frederick was armed with a .380 pistol. He fired at the figure. The shot killed a police officer, Jarrod Shivers, who was serving a "no knock" search warrant. Shivers was a narcotics detective and a father of three children. Frederick had no prior criminal record, and he was not growing marijuana as a confidential informant had claimed. Frederick was arrested and charged with first degree murder. Two .380 shell casings were recovered, as well as a .223 hull. Judge Thomas M. Ammons III has denied bond. Frederick is represented by attorney James Broccoletti.

---

As I listened carefully to the original interrogation tape, I was struck by they image of Frederick in a Cage, bouncing from one set of bars to the next, bruised and battered but certain only of his inalienable rights to defend himself and his home.

Except for that one moment, when in the smallest of voices he asks:

"You can't ... you can't defend your home?"

---

I think he can. And I think the aggression of SWAT teams who, masked and costumed and armed with all of the latest Big Ticket Item armor and weaponry, is probably wasted on such a small-time operation such as that which the considered Frederick to be a very minor member.

The police have screwed the pooch on this one. Instead of simply saying "OOPS! My Bad!" -- they have no choice to go after Frederick in the most aggressive manner possible, in the sure and certain confidence that their local Presecutor will support them beyond the point of reason.

After all, they're The Good Guys.

Aren't they?

As you will find, Curt has been keeping track of this case far better than anyone else.

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