Court convened at 2:50. Judge Arrington admonished the spectators, saying that the court understands that this was a very emotional trial but that she wanted no overt displays of emotion; clapping, cheering booing etc.
The jury was brought in and the verdict was read; Guilty of Voluntary Manslaughter, Not Guilty of Use of a Firearm in the Commission of a Felony, and Guilty of Possession of Marijuana, Manufacturing for Own Use.
Court recessed at 3:00, reconvened at 3:30.
The jury was brought in.
Mr. Ebert put 2 witnesses on the stand; Mr. James Shivers, the father of Detective Shivers, and Jennifer Shivers, his sister.
Mr. Shivers spoke of his son’s childhood, that he was a normal kid who had fun and fictional heroes, and who was a dependable student. He talked about how Jarrod Shivers had joined the Volunteer Fire Department at age 16, and was on it for three years.
He said that after he graduated from High School, he joined the U.S. Navy, and was honored as the top recruit in boot camp. He became a good man, in the Navy.
Mr. Shivers said that his son always endeavored to learn as much as he could, and to be the best he could be, at whatever job he had. After serving for eight years, Jarrod left the Navy to become a police officer here in Chesapeake, where he exhibited the same dedication that he had always shown, throughout his life.
He said that before Jarrod’s mother passed away, he had promised her that he would get a college education. In 2006, he graduated from St. Leo’s University, with a degree in Criminal Justice. He said that Jarrod dedicated himself to being a good police officer, husband and father..
Mr. Shivers said that he had remarried in 2003 and that theirs became a blended family, and that they were very close, getting together as often as possible, usually on the holidays. Jarrod was very family oriented and enjoyed family gatherings.
He said that breaking the news of Jarrod’s death to his father (Jarrod’s Grandfather) was one of the hardest things that he had ever had to do. He said he felt the loss of his son of 35 years, his confidant, someone who he could always rely on. It was hard to accept that he would never see him again.
He said that he has spent a great deal of time with Nicole Shivers, and the kids. He said that Mrs. Shivers is coping, and has had to learn how to be a single parent. He said the three year old still wonders where his daddy is. The nine year old had retreated into herself, but is coming back. The oldest still misses her father terribly.
In concluding, he said that, “No parent should have to bury their child,” and, “No grandparent should have to bury their grandchild.”
Ms. Jennifer Shivers spoke of her older brother, as having always been her hero. He teased her, taught her how to climb trees and to make go-carts, and helped her in the transition to being an adult.
She said her contact with her brother and his family these last few years has been through phone calls, and visits on holidays (Ms. Shivers lives in California). The last time she saw her brother was at Christmas, 2007.
She said that she watched her mother die of cancer, and it was the hardest thing that she had ever had to deal with, until she got the call letting her know that Jarrod had been shot and killed. She said that she took comfort in the knowledge that Jarrod would always be there, but now that comfort is gone.
She said that it is devastating, knowing that his children will never have their daddy come home again.
Mr. Willett asked the jury (when considering sentencing) to think about Detective Shivers contribution to the community, as well as his care of his children. To consider the words of Mr. Shivers, and Ms. Shivers. To consider what Mr. Frederick had done to the Shivers family, and to Detective Shivers brother officers.
Mr. Broccoletti stated that Detective Shivers was a fine man, and a fine police officer. He asked the jury to apply rationale when deciding the sentence, and to consider the impact on both families. To consider who Mr. Frederick is; that he is a caring person, who deeply regrets his actions. Their determination should be based on forgiveness.
Mr. Ebert stated that Mr. Frederick’s remorse is based on his arrest, and the fact that he is forced to pay the price for his actions. He said that if not for Mr. Frederick’s actions, Jarrod Shivers would still be here today. Finally, “What you do here will send a message.”
Court recessed at 4:13, and reconvened at 6:43.
The jury was brought in at 6:45.
The sentence was read; 10 years Imprisonment for the Voluntary Manslaughter charge,
30 days jail time plus $500.00 fine for the Possession charge.
Judge Arrington cautioned the jury to consider well before discussing the case with the news media, and dismissed them with the thanks of the court.
A hearing was scheduled for 8:30 a.m. 8 May, 2009, to decide the particulars of the sentence. Court adjourned at (about) 7:00.