EVERETT — A Snohomish County judge didn’t need to know why a deputy prosecutor wanted bail increased for a Tulalip man accused of killing a 15-month old boy.
James Fryberg, 21, didn’t show up for court Tuesday afternoon. That was reason enough for Superior Court Judge Larry McKeeman to issue a $1 million bench warrant for Fryberg’s arrest. McKeeman said any arguments about changing the bail could be heard later, once Fryberg was in custody.
Relatives of the boy applauded the judge’s decision before leaving the courtroom.
Snohomish County deputy prosecutor Halley Hupp had planned to argue again for a bail increase. Hupp on Friday alleged that Fryberg disobeyed a judge’s order to stay away from the toddler’s mother and not live in a home with children.
Hupp asked that Fryberg’s current bail of $100,000 be revoked and reset at $1 million.
Fryberg’s attorney, Max Harrison, on Friday said prosecutors had no evidence supporting the allegations, except for the word of the boy’s mother, who until recently hadn’t cooperated with investigators.
Superior Court Judge Linda Krese last week agreed that there was insufficient evidence to support allegations that Fryberg violated the conditions of his release. The judge said if any of the allegations were true she would be inclined to increase bail. She agreed to give Hupp until Tuesday to provide the court with evidence.
Harrison said he didn’t know why his client was absent on Tuesday. Fryberg also failed to show up for a hearing Friday morning in District Court and a judge ordered a $2,500 bench warrant for his arrest.
Fryberg was jailed in November for investigation of second-degree murder. He is accused of beating Damoniko Ashby to death while the boy’s mother, Fryberg’s girlfriend, was at work.
Fryberg told investigators that he was taking a bath May 13 when Damoniko fell down a flight of stairs. Snohomish County Medical Examiner Norman Thiersch said the boy’s injuries weren’t consistent with a fall.
During an arraignment hearing in December, Hupp asked Superior Court Judge Joseph Wilson to impose $1 million bail. The deputy prosecutor alleged that Fryberg failed to appear in a lower court for a traffic violation and had been cited again for driving with a suspended license.
Wilson declined to increase the bail but reminded Fryberg not to violate any conditions of his release, including contacting the boy’s mother.
Hupp said Fryberg ignored Wilson’s warning.
Damoniko’s mother told Marysville police last week that she and Fryberg had frequent contact since his arraignment. They’d met at hotels in Arlington. She said their families were aware of their contact. The woman showed the detective two text messages she alleged Fryberg sent her on Monday, court papers said. She told detectives she has a new boyfriend.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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