Defense argues self defense: Jury returns not guilty verdict on Robert Barber

Defense Attorney Stephen Graham questions Robert Barber Tuesday morning in Whitman County Superior Court as Judge Gary Libey looks on. Barber was accused of second degree assault, but was found not guilty by the jury.

After a day-and-a-half of testimonies, the Robert Barber trial ended Tuesday with the jury returning a not guilty verdict after an hour of deliberation.

Barber was charged with second degree assault, and the defense argued that he had acted in defense of himself and of others at the party when he punched Jackson Raney, one of the hosts of the party. The jury also found Barber not guilty of fourth-degree assault, which Chief Deputy Prosecutor Daniel LeBeau asked the jury to consider in the event it found Barber not guilty on the first charge.

A presentation of a cell phone video showing the alleged blows thrown by Barber at Raney at a July 23 party at a building known as "The Palace" on College Hill was one of the first items of evidence shown to the jury when the trial started Monday afternoon. LeBeau opened the trial by calling Nicholas Bowe, now a WSU graduate, to testify on how he came to record the event.

Bowe described where Barber was in the video and where the alleged victim was standing. The video, which appeared dark on the courtroom screen, depicted Barber hitting Raney and bending down to hit him again when Raney tried to get up off the floor.

Defense Attorney Stephen Graham questioned Bowe about what he did with the video after he recorded it. Bowe said he was questioned by police who arrived at the scene, but he took the video home and posted it as a "Snapchat" story which his friends could see. He said he later removed it from the Snapchat posting. It was later sent via Facebook to Sasha Hamirami, also a witness Monday.

In his opening statement for the state, LeBeau listed the witnesses he would call and told how their testimonies would show how Barber hit Raney twice when fights broke out at the party.

Graham said the defense intended to show that fights started at the party after Raney and another host, Alex Rodriguez, ordered people to leave when fireworks were discharged and upset people at the party. He argued Raney was intoxicated and could be viewed as an instigator of the melee which broke out.

Graham also said Barber's first reaction was to back up, and then he hit Raney with the broad side of his hand and knocked him down. He said he hit again when Raney attempted to get back up.

Raney, the second witness to testify, admitted to a blood alcohol level of .32, but also stated, "I do remember most of the night." He said that he invited people to the open party through Facebook, and he did not know many people who attended. He testified that at around 11 p.m. he observed a group of three or four people in the corner playing with fireworks, and he asked them to stop.

"They complied the first time," Raney said.

Raney then testified that he later went outside and observed firecrackers being thrown into the crowd. He said he was directed again to the same corner where the same three or four people were. He again asked them to stop, but he said they did not comply.

He said his recall of the night faded at that point.

"The next thing, I was waking up to EMTs," he said. "I don't remember the actual blow." He stated that he felt dizzy when he woke up and had pain at the back of his head and left wrist.

Testifying after Raney was Hamirami, who stated that she had two-and-a-half alcoholic beverages that night and that she was not drunk. She said she could recall the events of the night "perfectly." Hamirami testified about defending Raney, stating that she pushed Barber out of the way after the fight broke out. She also said she did not know Barber before the incident occurred, but she twice identified him at the police station when officers showed her the football roster photographs.

A video of Barber's interview with Pullman Officer Scott Patrick was shown to the jury Tuesday morning. In the video, Barber admitted he grabbed Raney and hit him with the side of his hand in the shoulder area. He also admitted he hit him again when Raney started to get up.

"I didn't know what to do, so I hit him again," Barber said in the police interview.

Barber said shoving and fighting broke out in front of him and he first backed up and felt shoving on his side before he turned and hit Raney the first time.

LeBeau rested the state's case at 9:50 a.m. Tuesday after Patrick's testimony.

Graham called Kingston Fernandez, a WSU junior and football player who was present at the party. He testified the person throwing the fireworks was a small, thin male who did not appear to be an athlete, although he seemed to hang around a group of football players who were together in the backyard at the party.

Fernandez testified he was among football players who were in the process of leaving the party, but they went back in after one the firecrackers hit one of the players on the way out.

He also testified the back fence at the house was pushed to a 45-degree angle as people at the party attempted to leave as the fighting broke out.

Barber testified that he did punch Raney, but he said it was in defense of himself and women present at the party.

''I punched him in the chest to knock the wind out of him just to make sure he did not get back up,'' said Barber, who also testified that Raney was pushing people and shouting expletives at everyone. Barber also said Raney pushed people and instigated the fight before the video in evidence was recorded.

LeBeau questioned Barber and asked him why he did not tell Officer Patrick when he was interviewed that he was acting in self defense that night and that Raney was pushing people.

Barber replied, ''I forgot.''

The defense rested after the last of four witnesses, Stella Anderson, a WSU student and member of the Rugby team, testified about Raney's yelling at people to leave as the fireworks episode continued. She said Raney appeared to be everywhere, yelling and pushing people. She also described how she was pushed up against the back fence.

Barber lost an NFL free agent contract with the Carolina Panthers as a result of the charges against him. His parents attended the trial this week and wore WSU football jerseys with Barber’s name on them.