Barry Washington’s mother requests state turn over his possessions
Published 5:30 pm Tuesday, January 4, 2022
- Barry Washington Jr.
A judge on Tuesday denied a request by the mother of Barry Washington Jr. to reclaim items belonging to her son seized by Bend Police on the night he was shot to death outside a downtown nightclub.
Deschutes County Circuit Judge Beth Bagley called the request by La’Wanda Roberson “premature,” and said the court would likely reconsider the matter closer to the conclusion of the case of Ian Mackenzie Cranston, charged with murder and other counts in Washington’s death.
An attorney for Roberson had asked the court to promptly hand over Washington’s cellphone, necklace, a pair of green earrings and $477 in cash, as well as, “all raw data obtained from the forensic imaging of Barry’s cellphone.”
“She would like the items that have some sentimental value to her returned,” Roberson’s attorney, Erin Olson, said Tuesday in a hearing in Deschutes County Circuit Court.
Lawyers for both Cranston and the state opposed Roberson’s request, saying the items in question have evidentiary value in the Cranston case.
Petitions for the return of property are not uncommon in criminal cases, though they’re often filed after a trial has taken place.
“The state has assured Ms. Roberson that once the trial is complete the items sought for release will be returned to her promptly,” said prosecutor Michael Swart.
Washington was shot in the early morning of Sept. 19 outside The Capitol bar.
Washington, 22, was struck once in the abdomen by a bullet fired from Cranston’s concealed-carry handgun, both the prosecution and defense acknowledge.
Washington was taken by medics to St. Charles Bend, where he was pronounced dead during surgery around 3:35 a.m.
According to Deschutes County District Attorney John Hummel, the shooting had been preceded by Washington “complimenting,” or “hitting on,” Cranston’s girlfriend, Allie Butler, which was said to have angered Cranston.
Cranston, who is white, was initially arrested at the scene on suspicion of second-degree manslaughter, and he later posted $10,000 bail and was released from jail. A grand jury later charged him with murder and other counts in Washington’s death.
The case is not a whodunit; Cranston is asserting he killed Washington in self-defense. In a motion arguing that prosecutors don’t have enough evidence to hold Cranston without bail, filed last week, his legal team lays out a version of events much different than the state’s. Cranston said it was Washington who acted aggressively, punching Cranston in the head.
What evidence will be presented at the release hearing hasn’t been determined. The parties and the court can decide to call every possible witness, or just a few key witnesses. A court date to consider Cranston’s release motion has yet to be scheduled.
Washington’s death has become a focal point for many angry with racism in America. In his announcement of the murder charge, Hummel invoked Emmett Till, a Black teenager murdered in 1955 after talking to a white woman.
Activists for social justice have rallied regularly at the site of the shooting, and outside the courthouse building during Cranston’s hearings.
Cranston, 27, worked until his arrest as a machinist for firearms and ammunition manufacturer Nosler in Redmond.
His live-in girlfriend, Butler, was criticized heavily after sending a local television station partial footage of the incident recorded on her cellphone.
Cranston’s trial is currently scheduled for Nov. 1.