A judge denied Ian Cranston the option of bail, and he’ll remain in jail until his trial in November, when he faces second-degree murder, first- and second-degree manslaughter and a handful of lesser charges over the September 19, 2021, shooting of Barry Washington Jr. outside of The Capitol, a bar in downtown Bend.
Judge Beth Bagley ruled that there’s strong evidence Cranston committed murder and was therefore ineligible for pretrial release, but noted that the burden of proof during a trial would be higher. Prosecutors will have to prove that Cranston had a “conscious objective” to kill Washington.
“This is a hearing to address release and potential release conditions for the defendant, Mr. Cranston, it is not a trial and the standard that would apply in a criminal trial does not apply here,” Bagley said before delivering her ruling. “In order for Mr. Cranston to be found guilty of any or all of these offenses, the state must prove beyond a reasonable doubt each and every element of those offenses.”
Prosecutors argued that Cranston used a disproportionate amount of force, and that Washington didn’t pose a threat to Cranston’s life, while defense attorney Kevin Sali alleged Washington’s size and aggressive actions caused Cranston legitimate fear for his life. Sali presented video footage from the restaurant Wild Rose, a City of Bend camera and footage Allsion Butler, Cranston’s fiancée, took from the encounter. It’s the first time video, save Butler’s footage, was shown in public.
Washington’s mother, Lawanda Roberson, spoke before Bagley ruled, saying Washington wouldn’t hit someone without provocation, and that everything known about the argument leading to the shooting comes from witnesses close to Cranston. She also said she believed the shooting was racially motivated, charges District Attorney John Hummel pursued but could not prove.
“Race set aside, people in this community will have to decide whether shooting and killing an unarmed man who punched you is justified,” she said.