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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Saturday, December 5, 2009

Tulalip man, 20, charged with baby boy's murder

MARYSVILLE — Doctors believe 15-month-old Damoniko Ashby was beaten and suffered for hours before he died.

Prosecutors allege that the toddler was brutalized by his mother's boyfriend, James Fryberg.

Fryberg, 20, was charged Friday with second-degree murder in the boy's death.

Fryberg surrendered to Marysville police last month. He posted bail and remains free.

The Tulalip man allegedly told investigators that the boy tumbled down a flight of stairs May 13 while Fryberg was taking a bath.

He said he heard a thud and found the boy at the bottom of the stairs, Snohomish County deputy prosecutor Hal Hupp wrote in court documents.

Fryberg told investigators that he picked the boy up, laid him on the couch and gave him a bottle.

He was watching Damoniko while the child's mother was at work. The couple had been dating for about four months and were living together in a Marysville apartment.

The boy's mother told investigators it was the first time Fryberg had been in charge of the boy for more than half an hour, Hupp wrote.

Three weeks earlier, he'd taken her son to visit Fryberg's family. Damoniko returned with injuries that Fryberg blamed on the family's dog.

The boy's mother told investigators that Fryberg picked her up from work about 11 p.m. May 13 and told her that Damoniko fell down some stairs. She said that the boy usually resisted going to bed but that night he did not and appeared tired, Hupp wrote.

Fryberg allegedly told investigators that he heard the boy breathing about 8 a.m. the next day but when he got up nearly five hours later Damoniko wasn't breathing, court papers said.

Paramedics found the boy dead on the couch. An autopsy revealed that he'd had numerous injuries.

The toddler suffered multiple blows to the head that weren't consistent with a fall, according to Dr. Norman Thiersch, the Snohomish County medical examiner. It also appeared that he'd been kicked in the stomach. The blow caused severe hemorrhaging, court papers said.

A Seattle Children's Hospital doctor also concluded that Damoniko's injuries weren't caused by a fall.

Investigators interviewed the mother of one of Fryberg's children. She told investigators that Fryberg assaulted her on numerous occasions.

She also told investigators that Fryberg is violent when he is using oxycodone, a powerful prescription painkiller.

She said when he's high he can't stand to hear a baby cry, Hupp wrote.

Diana Hefley: 425-339-3463, hefley@heraldnet.com.

COMMENTS

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get's violent when using oxycon?
the mother knew he got violent when using ox?

ok... not.

happens often, mother has baby, gets new boyfriend, new boyfriend does not like mothers baby, it's not his, the baby dies from injuries not consistent with normal "injuries"

btw, is this "boyfriend" being drug tested while he is on bail....

frigging unbelievable...

tagger arrest | Dec 6, 2009 6:39 am | 0 replies | Request removal

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(No heading)
The reason he is out on bail might have something to do withhis name. Fryberg , isn,t that one of the several families that controls all the money on that reservation?
Jon Cannelo | Dec 5, 2009 8:53 am | 2 replies | Request removal

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Re: (No heading)
Jon~
That is exactly my point. Who put up the bail? Are there people who condone this kind of behavior? Reservation or not, we should all live under the same laws.

Jennifer None | Dec 05, 2009 9:36 am | Request removal
Re: law of the land?
Yes we should live under the same laws, but we don't, that is why this young man is on the loose....What's in a name?

I am amazed with all the tragedy that has been in the news lately about sick people killing innocent folks, how in the hell does a person like this post bail? I have a pretty good idea. Another reason to be proactive in the re-construction of the judicial system, tribal laws and the lack thereof...what is it going to take to get a handle on this?
Irregardless of of the nasty addictions, one must be accountable for ones actions. How much more obvious can it be that this young man has been in need of help for quite some time, I guess at the expense of a child's life. What a heart breaker for all parties.

God help us.

Patrick Green | Dec 05, 2009 7:33 pm | Request removal
WHAT???!!!
Unbelievable! But typical. What kind of INSANE judge would let him out on bail? Oh, the murderer was high...well, that makes it okay, he has a good excuse. He's certainly not to blame for his actions - he's just a sad victim himself. Unable to make any good choices. I'm wondering what kind of chronic condition he has at 20 that allows him access to pain pills? Maybe he has junkieitis - or somebodysuppliesmepills syndrome. I hope not only his "addiction" is looked into, but his supplier as well. And all the others who enable him to continue to batter and murder people who are weaker. I pray justice will be served swiftly and fairly in this case for once.
melissa snell | Dec 5, 2009 11:46 am | 0 replies | Request removal

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(No heading)
He is a known drug user who gets violent when using. He murdered a helpless baby because he can't stand to hear babies cry when he is high. AND, he is out on bail?? WHY??
I pray that there are no "special" privileges for him because he is on the reservation. A murderer is a murderer - no matter where he lives!

Jennifer None | Dec 5, 2009 7:45 am | 0 replies | Request removal

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