Tulalip Tribal Member Sentenced to Two Years in Prison for Purchasing Firearms While Subject to Domestic Violence Protection Order

The father of a teen who killed four students, severely injured a fifth student and killed himself last year at Marysville-Pilchuck High School was sentenced today in U.S. District Court in Seattle to two years in prison for six counts of illegal firearms possession, announced U.S. Attorney Annette L. Hayes.  RAYMOND LEE FRYBERG, JR., 42, was convicted in September 2015 following a four day jury trial.  At the sentencing hearing U.S. District Judge James L. Robart observed that FRYBERG felt his right to own guns “exceeded the law.”  Judge Robart said he was troubled by FRYBERG’s failure to pay a fine ordered by the Tribal court, and instead illegally purchasing multiple firearms that were stored in an unsafe manner.

            “Guns in the wrong hands are just plain wrong and will not be tolerated,” said U.S. Attorney Annette L. Hayes.  “The Department of Justice has an ongoing commitment to prosecuting firearms crimes.  The goal is to enforce our gun laws against those who pose a threat to public safety.  Here the illegal possession of a firearm played a devastating role in a community tragedy.”

            “This case underscores our commitment to keep our federally recognized Tribal communities safe,” said FBI Special Agent in Charge Frank Montoya, Jr.  “So much tragedy stemmed from the actions of one person.  I commend the resilience of the victim families and the community that are working to move forward.”

          According to records filed in the case and testimony at trial, in 2002, FRYBERG’s then-girlfriend asked the Tulalip Tribal Court for an order of protection alleging FRYBERG had recently threatened her and had in the past physically assaulted her by hitting, slapping and/or pulling her hair.  The protection order was made permanent in September 2002 and had no expiration date.  In September 2012, FRYBERG was back in tribal court and pleaded “no contest” to violating the protection order.  FRYBERG was fined and placed on probation for one year.  Less than four months later, FRYBERG went to Cabela’s Sporting Goods store on the Tulalip reservation and purchased the Beretta, and, over subsequent months, four other firearms.  FRYBERG filled out forms for the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) stating that he was not the subject of any court order restraining him from harassing, stalking, or threatening an intimate partner or the child of a partner.  The form states that anyone subject to such an order is prohibited from purchasing a firearm.

          According to testimony at trial, FRYBERG purchased a Beretta, Model PX4 Storm, in January, 2013.  On October 24, 2014, FRYBERG’s son, 15-year-old Jaylen Fryberg, used the illegally purchased Beretta to kill four students and himself at Marysville-Pilchuck High School in Marysville, Washington.  Fryberg’s cousin was critically injured but survived.  Jurors were not told of the connection between FRYBERG’s weapons and the school shooting.

          When law enforcement executed a search warrant at the FRYBERG home four months after the school shooting, they found five firearms unsecured in a bedroom of the home.  Prosecutors noted in their sentencing memo that the firearms were not secured in a gun safe in the home, and instead were accessible to a 14-yearold and two children under the age of six.

          The case was investigated by the FBI, and the Tulalip Tribal Police Department.  The case was prosecuted by Assistant United States Attorneys Ye-Ting Woo and Bruce Miyake.