Testimony set to start in trial of school shooter’s father

SEATTLE — A federal jury is expected Tuesday to hear from the first witnesses in the case against a Tulalip man whose teenage son shot five of his friends at Marysville Pilchuck High School.

Raymond Fryberg faces six counts of illegal gun possession. He was indicted earlier this year in U.S. District Court in Seattle and faces up to 10 years in prison if convicted.

Prosecutors allege that Raymond Fryberg wasn’t legally permitted to own the Beretta pistol Jaylen Fryberg used to murder four of his classmates and wound a fifth.

The moms of two of the victims attended Monday’s court proceedings.

Judge James Robart made it clear to prospective jurors that Raymond Fryberg isn’t charged with any crimes related to the school violence.

“This is not a trial about the shooting. This is about the gun,” Robart said.

The defense last week tried to convince Robart to move the trial to a different location, citing extensive publicity about the killings. The judge declined but ruled that any statements Fryberg made to police in March about his son’s actions should be redacted from transcripts provided to the jury.

Lawyers on Monday carefully questioned jurors who said they had heard about the school shootings or recognized the Fryberg name. Several prospective jurors were excused after they said they weren’t sure if they could give Raymond Fryberg a fair trial because of what they know about the shootings. One man said he might have a hard time convicting Fryberg “after all he’s been through.” A woman was excused after she said she believed the killings wouldn’t have happened if Fryberg hadn’t owned the gun.

Another woman, the wife a Seattle police officer, told the judge she is a strong advocate of gun rights and felt that there are people who want to hold someone accountable for the shootings. “Only his son is responsible,” the woman said. Another man was excused after he told the judge no one should own guns. One woman was let go because she works for the Marysville School District.

Jaylen Fryberg, 15, invited his friends and cousins to lunch Oct. 24. Witnesses told police the freshman didn’t say anything before he stood up, pulled a gun from his backpack and opened fire in a school cafeteria. He killed himself before a social studies teacher could reach him.

The investigation found that Jaylen took his father’s gun from the center console of the family’s pickup truck. Detectives also concluded that the Tulalip boy planned the shooting at least a day or two before. Investigators weren’t able to determine a concrete motive.

Records show that the boy was upset about the recent break-up with his girlfriend and threatened suicide when she wouldn’t return his text messages.

Prosecutors allege that Raymond Fryberg was prohibited from owning any firearms. In 2002, his ex-girlfriend and the mother of one of his children was granted a no-contact order by the Tulalip Tribal Court. In 2012, Fryberg pleaded no-contest to allegations that he violated the order. He was given a six-month suspended sentence. Prosecutors allege that in court paperwork Fryberg acknowledged that he violated a valid order and as part of his sentence he agreed to comply with the protection order.

Fryberg’s attorneys say their client was never properly notified in 2002 that the court had issued a temporary protection order against him. He was not present at the hearing when a tribal judge imposed the permanent order because he hadn’t been served, his attorney John Henry Browne said.

In its trial brief, the defense also attacked the order, saying Fryberg’s ex-girlfriend filed motions to dismiss it and “admitted she falsified the original petition.”

The defense claims that Fryberg’s interactions with law enforcement led him to believe that he could legally own guns. Fryberg purchased several guns between 2012 and 2014 at the Tulalip Cabela’s store. Prosecutors say he didn’t disclose that he was the subject of a protection order.

The protection order never was entered into a state database, allowing Fryberg to purchase the guns and obtain a concealed weapons permit.

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