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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.

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