Three Washington state police officers charged in the 2020 fatal shooting of Manuel Ellis have been acquitted on all charges following a gruelling two-month trial in which Ellis was blamed for his own death by the defence.
Officers Matthew Collins, 40 and Christopher Burbank, 38 were facing charges of second-degree murder and manslaughter in connection with the 3 March 2020 death of Ellis, who was Black. A third officer, 34-year-old Timothy Rankine, faced charges of first-degree manslaughter.
During the trial, prosecutors told jurors how the officers knocked Ellis to the ground and punched, choked and shot him with a taser until he died. Before he was killed, Ellis whispered to the officers: “Can’t breathe, sir.”
The trial was the first filed under Washington’s Initiative 940, a new and twice-amended police accountability law that allowed prosecutors to pursue murder charges without having to prove malice. The officers remained employed and on paid leave by the Tacoma Police Department and free on bail throughout the proceedings, The Seattle Times reports.
The officers and their families let out sighs of relief before they left the courtroom escorted by sheriff’s deputies. Meanwhile, family members of Ellis in the courtroom audibly grasped and began crying as the acquittal was delivered, according to KING5.
“I would just be careful,” Judge Bryan Chushcoff said, per The Times. “A lot of emotions are running high right now”
A sign that reads “Gone but not forgotten” is shown on a cross displayed May 27, 2021, at a memorial— (Copyright 2021 The Associated Press. All rights reserved.)
Attorney General Bob Ferguson issued a statement thanking jurors and his legal team, also acknowledging the Ellis family.
“I want to start by thanking the jury and court staff for their service,” Mr Ferguson wrote on X. “I also want to thank the members of my legal team for their extraordinary hard work and dedication. I know the Ellis family is hurting, and my heart goes out to them.”
Attorneys representing the defendants argued in court that Ellis was the aggressor and that he attacked the officers with “super-human strength” and eventually died of a drug overdose and a damaged heart. The defence also made controversial characterisations of the circumstances surrounding Ellis’s death, directly blaming him for being “paranoid” and ultimately “[causing] his own death.”
Ellis’s cause and manner of death were ruled a homicide caused by lack of oxygen due to physical restraint. Ellis was on his stomach, with both his legs and arms tied and his body pressed against the concrete while the officers rested their weight on him, The News Tribune reports.
Defendant Matthew Collins looks on as his attorney Jared Ausserer gives closing arguments during the trial— (Brian Hayes / The News Tribune)
Defendant Timothy Rankine looks on as his attorney Mark Conrad gives closing arguments— (Brian Hayes / The News Tribune)
The defence had focused on methamphetamine levels present in Ellis’s body at the time of his death and an enlarged heart noted in the autopsy report.
Three witnesses said they saw the officers sitting in their patrol car as Ellis approached and walked to the passenger side. When Ellis turned to leave, Burbank threw open the door and knocked Ellis to the ground, according to the witnesses.
Prosecutors also played video recorded by the witnesses for the jury.
Mr Burbank and Mr Collins gave their official statements before they knew there was audio and video of the encounter, Ms Eakes said. They claimed Ellis attacked them violently and relentlessly and didn’t say a coherent word.
“But you know that’s not true,” Ms Eakes told the jury. “He did speak after he was pinned to the ground. He said he couldn’t breathe, sir, politely and nicely.”
When Mr Rankine showed up and pinned Ellis to the ground, even though he was in handcuffs, Ellis said he couldn’t breathe three more times.
Mr Rankine responded by saying, “If you’re talking to me you can breathe just fine.” After that, they put hobbles on Ellis’s ankles and connected them to his handcuffs.
