Barber to stand trial Monday

SARAH OLSEN, Evergreen reporter

Former WSU football player Robert Barber, who allegedly assaulted another student last summer, will stand trial for felony assault starting Monday.

Though Whitman County Superior Court Judge David Frazier was listed online as the trial’s judicial officer, Judge Gary Libey will preside over the three days estimated for the trial, court clerk Jill Whelchel said.

The jury will be chosen from a pool of 50 potential jurors on Monday, as decided by Libey, prosecuting attorney Daniel LeBeau and Barber’s attorney Steve Graham during a hearing on May 3. Usually 32 jurors are called, but because of the trial’s media coverage, Libey and the two attorneys decided on 50.

Barber was not present at the May 3 hearing, where Libey denied Graham’s motion to reduce the felony charge to a misdemeanor.

Graham said he will present a claim that Barber acted in self-defense during the alleged assault.

“Barber is looking forward to being judged by a jury of his peers,” Graham said.

The Carolina Panthers offered the former WSU nose tackle an NFL draft spot on May 1, but rescinded the offer later that day upon finding out about his upcoming trial.

The Whitman County Prosecutor’s office filed the charge against Barber earlier this semester after he allegedly assaulted another WSU student at a house party on July 23. A cell phone video shows Barber punching Jackson Raney, knocking him to the ground and punching him again while he is on the ground, according to the Pullman Police Department’s supplemental report. According to the fall 2016 football roster, Barber is over six feet tall and weighs about 305 pounds.

Ten people, including Raney, received subpoenas since May 5, according to court records, and some received more than one.

The trial’s witness list also became available at the court Thursday, according to court records. Though the police interviewed around 60 or 70 witnesses, both attorneys have narrowed down their witness lists to four each, which could make this a short trial, Graham said.

The trial is scheduled to start at 9 a.m. on Monday, Tuesday and Wednesday, according to court records. Graham said it could last through Wednesday, but may end Tuesday afternoon.

Editor’s note: This article has been updated from its original version.