Washington Says “Committed Violent and Completely Unprovoked Aggression”
BEND, Ore. (KTVZ) – Lawyer for Ian Cranston, the Redmond man charged in the fatal shooting of Barry Washington Jr. outside a downtown Bend bar, has filed an 11-page petition seeking release under surety for his client and detailing what he said witnesses and video cameras showed had happened that night.
Cranston pleaded not guilty to second degree murder, manslaughter and assault in the September 19 shooting death of Washington, 22. He has been being held without bond at Deschutes County Jail since his re-arrest on the most serious charges, and a November 2022 trial has been set; a motion hearing is scheduled for Tuesday afternoon at the Washington mother’s request for the return of some of her personal items.
Lawyer Kevin Sali requests half-day hearing on Cranston’s bail application, saying evidence in case “does not meet high standards set by Oregon constitutional and statutory law for an accused to be detained without bail “.
Sali has claimed since September that his client acted in self-defense after Washington physically attacked Cranston and a friend after they went to the Capitol bar with Cranston’s fiancee.
In the more detailed description of what happened, based on testimony and video footage, Sali said Washington, who was also at the bar, had “behaved erratically and aggressively” and that he was intoxicated, with a blood alcohol level later. measured at 0.195%.
He said Washington made obscene comments and gestures to a group of three police officers about half an hour before expressing interest in Cranston’s fiancee, who told him they were engaged, showed him his ring – and then gave her a brief hug.
Minutes later, after they had all left the bar, Sali said Washington again made a verbal offer to Cranston’s fiancee, and she again declined.
Shortly after midnight, Sali said: “Washington suddenly and without provocation attacked Cranston … with two powerful punches to the head,” causing a head injury. The lawyer said that “Washington raised his arm and made a series of threatening gestures towards him,” at which point Cranston – who had a concealed handgun license – held his gun and showed it in Washington to “deter … aggression”.
But the threats continued, he said, and Washington “rushed over (Cranston’s friend) and punched him in the face.”
“Then Washington turned to Cranston, who was standing just a few yards away, his handgun still drawn and visible,” the motion reads. “That’s when Cranston finally fired one shot at Washington. The bullet hit Washington in its mid section, stopping the assault.
“Once it became clear that the threat had ended, Cranston immediately moved to Washington and began to provide aid and to cry for help,” said Sali.
The lawyer said the evidence would not be sufficient for the state to prove that there is a “high probability” of conviction for murder or “refusal of self-defense”.
“Washington has committed a violent and totally unprovoked aggression against Cranston,” wrote Sali. “Washington had absolutely no right or justification for doing this. And Cranston had no legal obligation to allow a great and powerful man to continue to viciously strike him on the head.
“After Washington began the assault and gave any indication of its intention to prosecute him, Cranston clearly had the right to draw his gun in an attempt to deter his attacker,” defense attorney said. “As the compelling video evidence shows, the only shot was fired only after Washington – having clearly seen that Cranston was armed – disregarded this fact and, undeterred, continued his aggressive conduct. “