Prosecutors say Ian Mackenzie Cranston waited 26 seconds after being punched by Barry Washington Jr. before fatally shooting him outside a Bend bar in September.

The state’s new account, contained in a 20-page memo filed in Deschutes County Circuit Court, pushes back against one released last month by Cranston’s attorneys.

“Washington … wrongfully punched Cranston twice, causing Cranston to suffer a black eye, as well as wounding his pride,” prosecutor J. Michael Swart writes. “Yet, Cranston’s conscious objective after getting hit was to produce his loaded handgun and then wait for the opportunity to kill Washington at close range.”

The court filings are related to an upcoming pretrial hearing that will determine whether prosecutors have enough evidence to hold Cranston in jail without bail. The hearing will also be a test of the state’s decision to charge Cranston with intentional murder rather than the lesser crime of manslaughter.

Cranston, 27, a Redmond weapons machinist, is now housed without bail in the Deschutes County jail. His Portland-based lawyer, Kevin Sali, declined to comment.

Court filings by the prosecution and defense describe a dispute between Cranston and Washington outside The Capitol bar around midnight on Sept. 18. The dispute involved Washington talking to Cranston’s girlfriend, Allison Butler. Both Cranston and Washington had been drinking.

Washington, 22, was shot by Cranston once in the torso. Cranston was arrested at the scene on suspicion of second-degree manslaughter.

Washington died later that night in surgery at St. Charles Bend.

Later that month, at an evening press conference across from the shooting location, Deschutes County District Attorney John Hummel announced he was upping the charge to second-degree murder.

Cranston, who is white, has pleaded not guilty to second-degree murder and four other charges in the death of Washington, a 22-year-old Black man. Washington’s shooting quickly caught widespread attention when Hummel announced Washington had been shot shortly after complimenting Cranston’s girlfriend. In a press conference, Hummel compared the shooting to the case of Emmett Till, a Black teen murdered in 1955 by white men for talking to a white woman.

Cranston says he shot Washington in self-defense. In a filing last month, Cranston alleges Washington was the aggressor and Cranston fired the shot believing his life was in danger.

The state’s motion opposing release, filed Wednesday, features excerpts of grand jury testimony from Cranston, Butler and Cranston’s friend Tyler Smith, who was also involved in the dispute. There are references to timestamps from three surveillance cameras in evidence: from The Capitol, the Wild Rose restaurant next door and a city of Bend downtown camera.

The prosecution’s memo contends:

Around 12:01 a.m., Washington and Butler had a “friendly encounter” in the bar that ended with them hugging, according to the state’s motion.

At 12:05 a.m., Washington left The Capitol and stood on the sidewalk talking to a group of people.

At 12:07 a.m., Cranston, Butler and Smith left the bar to smoke cigarettes outside and stood on the sidewalk in a semicircle.

Washington walked west on Oregon Avenue and brushed into Smith and noticed Butler. Washington again began talking to her and commented, “Hey, you’re good looking.”

Butler reportedly told the grand jury that Cranston did not like this and said words to the effect of: “She’s already taken. Move along. Mind your business.”

Washington continued talking to Butler, and Cranston told him to “f— off” and keep walking, Butler is quoted as telling the grand jury.

More words were exchanged, with Washington saying he was from California and Cranston replying, “I don’t care where you are from.”

From there the dispute escalated “quickly,” and Butler reported growing nervous because of how Cranston might react.

“Ian doesn’t back down,” Butler is quoted as telling a grand jury. “He’s defensive over me, and he’s not the kind of guy to be pushed around.”

Prosecutors say video footage shows at 12:08 a.m., Washington punched Cranston twice. Cranston stumbled backward, and Washington “backed away,” according to the state’s motion.

Cranston stood, took out his handgun and held it in his right hand as he walked toward Washington.

At 12:08 a.m., Smith “came at” Washington while Butler got in between Smith and Washington.

Cranston reportedly raised his gun and pointed it at Washington.

The group continued to argue. It’s unclear if Washington saw the gun pointed at him, according to prosecutors.

According to Smith and Butler, Washington flashed a gang sign — a sign similar to an “OK” sign — which they interpreted as a threat.

This accusation is disputed by the state. Butler was asked at grand jury how she knew it was a gang sign. She responded that while Washington did not explicitly state he was in a gang, he said he was from California and she interpreted his hand sign as a gang sign.

At 12:09 a.m., footage reportedly shows Washington “tussling” with Smith. Cranston then positioned himself between Smith and Butler, pointed his handgun at Barry Washington’s torso and fired.

At 12:11 a.m., 911 callers reported a gunshot at the intersection of Wall Street and Oregon Avenue. The first police officers arrived on scene at 12:14 a.m. and rendered aid to Barry Washington. No weapons were found on or near him.

The state’s motion states that video evidence will disprove Cranston’s contention Washington turned and squared toward Cranston before the fatal shot. It also disputes the claim by Cranston’s defense that he immediately rendered aid after shooting Washington.

“Rather, the video time stamp shows that for seventeen seconds, Cranston looked around with his firearm still at his side and it was not until 12:09:39 a.m., that he walked to and leaned over a dying Barry Washington, eventually rendering aid.”

Cranston’s bail hearing is scheduled for Monday.

The Deschutes County District Attorney’s office has asked the court to conduct the hearing by sealed affidavit, meaning out of public view. This would be to avoid exposing potential jurors to evidence that might later be ruled inadmissible, thus preserving and protecting Cranston’s right to a fair trial, Swart wrote in court documents.

Washington’s mother, La’Wanda Roberson, intends to file a motion Tuesday, the family’s Oregon-based attorney, Erin Olson said.

“She does intend to exercise her constitutional rights to be present and to be heard at the release hearing,” Olson wrote to The Bulletin.