Defense: Shooter’s dad was never told he couldn’t have guns

23 Sep 2015 | Author: | No comments yet »

Attorney: Father of Marysville school shooter believed he could legally possess guns.

SEATTLE (AP) — Prosecutors told jurors Tuesday that the father of the teenager who shot and killed four classmates and himself repeatedly lied on forms to illegally buy firearms. SEATTLE — A Tulalip woman on Tuesday testified that, in 2002, she urged her tribal police officer husband to serve a protection order against Raymond Fryberg as soon as possible.The protection order was for the woman’s sister.Her late husband, Jesus Echevarria, left home with the documents and came back with the return of service, said the woman, Heather Gobin, 39. Raymond Fryberg is charged with illegally owning the handgun his son, Jaylen, used Oct. 24 in the Marysville-Pilchuck High School cafeteria to kill his friends and then himself.

Prosecutors say Fryberg was the subject of a 2002 domestic-violence protection order, making it illegal for him to have that handgun and the nine rifles found in his possession. Warren,File) A federal prosecutor says Raymond Lee Fryberg Jr. “slipped under the screen” when he purchased firearms despite a court order barring him from gun ownership.

The jury won’t be told that Fryberg’s son, 15-year-old Jaylen, last fall used one of the guns to shoot five of his friends, killing four, before taking his own life in a cafeteria at Marysville Pilchuck High School.The Frybergs gave police permission to search Jaylen’s room hours after the shootings.Investigators returned days later with a judge’s permission for a more thorough search. Attorney’s Office in Seattle and Fryberg’s attorneys will lay out their plans to the 14-person jury, including two alternates during opening statements. About 200 photos were taken during that search, and some of the images show guns stored throughout the home, including at the foot of the defendant’s bed, Assistant U.S. District Court Judge James Robart and lawyers on both sides questioned about two dozen jurors individually, almost half were sent home based on their answers.

One woman was excused because she works for the Marysville School District, while another was let go because her child is a student at the high school. Because the case is about the possession of firearms, the weapons are “clearly relevant,” the judge said.Fryberg acquired 10 firearms in the years after the protection order, Miyake said. Still, the raw emotions left from the shooting were visible in court: Fryberg’s family filled one side of the courtroom, while family and friends of shooting victims lined the other side. That check came back clear, along with at least a dozen other government checks, Browne said. “You can’t get any more thoroughly checked than you are for a concealed-weapon permit,” he said. “Mr. Browne has claimed that Fryberg was never served and argued in the motion that the information should be included because the officer is dead and he can’t be questioned at trial.

The investigation into Fryberg’s gun ownership began in October 2014 when “the FBI was trying to determine ownership of a firearm that had come into their possession,” Miyake told jurors, avoiding any mention of the school shooting. Robart granted the prosecutor’s request to prohibit Fryberg from claiming that he didn’t know that he was prohibited from having guns because of the restraining order.

He told the same agent he “didn’t really pay attention” to questions on forms he filled out before purchasing weapons in 2013 and 2014, Miyake said. However, that restraining order was never entered into the National Crime Information Computer or state databases that are used to check the backgrounds of would-be gun buyers. According to Heather Anderson, section chief of the Washington State Patrol’s Criminal Records Division, participation in the program to build those databases is voluntary, and the Tulalip Tribes were not participating at the time. Additionally, government agents stopped Fryberg at least three times while he was hunting, ran his name and determined his guns were legal, Browne said.

Browne has accused the government of trying to punish his client for the sins of his son. “He had nothing to do with what happened at that high school,” he said shortly after Fryberg was charged in March.

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