there was some pushing, some jostling, some punches thrown. but then it calmed down. it was not going to get out of hand. then mr. cranston pulled a gun out of his waistband and shot and killed mr. washington. >> reporter: cranston's attorney disputed that account and wrote to cnn, in part, before ian cranston ever drew his weapon, barry washington had assaulted him without provocation, resulting in head injuries that required the police to take mr. cranston to the hospital, where a brain scan and other procedures had to be performed. cranston was initially arrested on a single charge of second degree manslaughter and had been released on bail before a grand jury returned an indictment thursday that added second-degree murder, first degree manslaughter, first degree assault, and unlawful use of a weapon. friday, a judge ordered him held without bail. district attorney hummel has said this was a homicide with no justification. >> black lives matter!