BEND, Ore. (KTVZ) – A Deschutes County judge began hearing arguments Monday morning on a defense lawyer’s request that Ian Cranston, accused in last fall’s fatal shooting of Barry Washington Jr. on a downtown Bend street, be released on bail pending his murder trial this November.
Circuit Judge Beth Bagley is holding a day-long virtual hearing in the high-profile case, with Cranston observing from the county jail. Cranston, 27, has pleaded not guilty to second-degree murder, first- and second-degree manslaughter, first-degree assault and two counts of unlawful use of a weapon in the Sept. 19 shooting death of the 22-year-old Washington.
Defense lawyer Kevin Sali said in his motion for bail that the evidence, including witness statements and videos from downtown security cameras – as well as a cellphone video taken by Cranston’s fiancée –show prosecutors don’t have a strong case and that Cranston acted in self-defense after being hit in the face twice by Washington.
Deputy district Attorney J. Michael Swart claimed in his court filing in response that the video evidence showed Cranston waited 26 seconds “with his handgun at his side for the right opportunity to take his vengeance on Washington,” then 17 seconds to walk to and lean over Washington before eventually rendering aid.
In court Monday morning, Swart told the judge that a video taken from the Wild Rose Thai restaurant downtown “will demonstrate Mr. Cranston weighed the consequences, weighed the decision, for and against, and decided to take steps, raise his handgun, point it at the midsection of Mr. Washington, fire and kill Mr. Washington.”
“We believe that the facts show that he took a number of steps after being struck (and) was not facing deadly physical force at the time” he shot and killed Washington, Swart said.
Also in the hearing was attorney Erin Olson, representing Washington’s mother, Lawanda Roberson, who is seeking to review the evidence, including the medical examiner’s report and other material. She told the judge they had agreed not to publicize the materials provided, such as public comments or social media.
After the defense attorney objected to Swart’s motion last week to conduct the bail hearing by sealed affidavit – in essence, mostly closed to the public -- the attorneys apparently reached a general agreement on what documents would be discussed.
Bagley said she had not reviewed the Wild Rose video or other exhibits, but she did say that except for specifics covered in state law, an autopsy report from the medical examiner and grand jury transcripts, which will require a separate motion, “Other exhibits, interview transcripts, those are not going to be secret or confidential.” She said she planned to review the videos and other material during a midday break, before each side makes its closing arguments in the afternoon.
Bend Police Detective Camille Christensen was sworn in as the only witness and was led by Swart through her role in the investigation and what she’d seen on the video: “Mr. Washington punched Mr. Cranston twice. Miss (Allison) Butler (Christensen’s fiancée) gets between Mr. Cranston and Mr. Washington. … Mr. Washington punches (Cranston’s friend, Tyler) Smith, and immediately after the punch, you see Mr. Cranston point his gun and shoot once, then put his hand down, and Mr. Washington collapses.”
The detective also said that no other weapon was found in the vicinity of Washington, other than the spent shell casing from the shot fired by Cranston.
Judge hears arguments on whether Cranston should be freed on bail pending murder trial - KTVZ
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