Homicide of a man while being arrested
Manuel Ellis was a 33-year-old African American man who died during an arrest on March 3, 2020, in Tacoma, Washington by the Tacoma Police Department. The Pierce County Sheriff's Department initially claimed that Ellis had attacked a police car and officers, leading to the arrest. State prosecutors quoted civilian witnesses as saying that Ellis did not attack the police car or officers; they also said it was the officers who attacked Ellis after a conversation. Video of the incident showed officers repeatedly punching Ellis, physically retraining him, and using a Taser. State prosecutors stated that "Ellis was not fighting back", citing witness statements and video evidence. A police radio recording showed that Ellis said he "can’t breathe". Ellis told officers "can't breathe, sir" multiple times, according to prosecutors. Ellis was hogtied, face-down, with an officer on him, for at least six minutes, and a spit hood was placed on his head in this position, stated prosecutors. Ellis died at the scene while receiving medical aid from paramedics.
In early June 2020, Ellis's death was ruled by county medical examiner Thomas Clark as a homicide due to "hypoxia due to physical restraint", and with "contributing conditions of methamphetamine intoxication and a dilated heart". Prosecutors, in May 2021 documents, quoted Clark as saying that additional evidence that emerged after the autopsy concluded indicated that "Ellis's death was not likely caused by methamphetamine intoxication", and further indicated that restraint caused the death.
After Ellis's death, four Tacoma police officers were placed on paid administrative leave; they returned to work two weeks later, with the Tacoma police department stating "there were no known departmental violations". The Pierce County Sheriff's Department conducted a three-month investigation into Ellis's death before disclosing that a Pierce County deputy was present during Ellis's arrest. As a result, in mid-June 2020, Governor of Washington Jay Inslee ordered a new investigation by the Washington State Patrol, while the Washington Attorney General would decide potential criminal charges. In May 2021, Washington prosecutors charged two Tacoma police officers, Christopher Burbank and Matthew Collins, with second degree murder for the killing of Ellis, and charged another Tacoma police officer, Timothy Rankine, with first degree manslaughter.
In December 2023, all three defendants were acquitted after being tried for charges ranging from first-degree manslaughter to second-degree murder.
In January 2024, Burbank, Rankine, and Collins each received $500,000 from the Tacoma Police Department plus standard benefits and payouts in exchange for their resignations. As part of the agreement, they were allowed to resign "in good standing."
Persons involved.
Manuel Ellis was a 33-year-old African American musician with two children. Ellis's family has said that Ellis struggled with methamphetamine addiction and mental health issues such as depression and schizophrenia. On the night of Ellis's death, he had played drums at his church, Last Day Ministries, then called his mother, brother and sister. After church, Ellis spent time with his landlord and her husband, then walked to a convenience store to buy food.
Three officers were criminally charged with regard to Ellis's death. They are:
Other officers, who were involved with Ellis's arrest, but were not criminally charged, were: Tacoma police officer Masyih Ford, Tacoma Police officer Armando Farinas, and Pierce County sheriff's sergeant, Gary Sanders.
Arrest and death.
Lead-up to arrest.
The incident started around 11:21 p.m. on March 3, 2020. The arresting officers were not wearing body cameras because the Tacoma Police Department did not use them at the time.
According to state prosecutors in May 2021, on the night of Ellis's death, Tacoma police officers Christopher Burbank and Matthew Collins told other officers that Ellis abruptly and randomly attacked them. Prosecutors cited the other officers saying that Burbank and Collins told them that Ellis first hit their car, then when Burbank and Collins left the car, Ellis attacked them. Burbank and Collins told the other officers that Ellis had used punches and kicks against them, stated prosecutors.
Burbank and Collins were subsequently interviewed by investigators from the Pierce County Sheriff's Department, although the duo later refused to be interviewed by investigators from the Washington State Patrol. "The News Tribune" reported on transcripts and recordings of Burbank and Collins's interviews, giving the following account. The officers said that when they came across Ellis, he was standing in the middle of the intersection at 96th Street South and Ainsworth Avenue South, where he attempted to open the door of a slowly moving car, but failed (of note, the driver of this car was never found by investigators). The officers said that Ellis approached them while they were in their car, and that he was sweating despite the cold weather. Burbank quoted Ellis saying something similar to: "I'm having a bad day, I need some help and I have warrants". The officers said Ellis threatened to punch Burbank, who then closed the car window, leading to Ellis punching the car window. Collins left the car and Ellis assumed a "fighting stance" towards Collins, so Burbank said that he used his car's "door to actually door check him and hit him with the door to draw his attention away from" Collins, which was supposedly the first instance of physical contact between the men. Collins alleged that Ellis used "superhuman strength" to lift him, throwing Collins into the ground and starting a "wild" fight. According to "The Seattle Times", the most significant difference between Burbank and Collins's accounts to sheriff's investigators was that "Burbank did not witness Ellis hoist and throw Collins".
Several of the police statements were "contradicted by the three civilian witnesses, none of whom ever saw Ellis in the intersection, or saw Ellis strike the officers' car, or saw Ellis attack, punch, or otherwise strike the officers at any point", stated the May 2021 charging documents written by Washington prosecutors; in addition, the prosecutors wrote that the "civilian accounts are supported by video sources."
State prosecutors quoted civilian witnesses as giving the following account of the lead-up to Ellis's arrest. Two witnesses said Ellis was walking on a sidewalk and then he approached the officers' car. Witnesses saw Ellis talking to officers in their car in a "peaceful, apparently respectful conversation, with no signs of aggression from Ellis". When Ellis walked away, witnesses saw officer Burbank "abruptly swung open the passenger door of the car, striking Ellis from behind and knocking him to his knees." Then as Ellis tried to get up, Burbank got on top of him, according to the witnesses.
It was 11:21 p.m. at this point.
Use of force; initial restraint.
The next proceeding, according to prosecutors citing video evidence, saw officer Burbank grabbing Ellis, lifting Ellis and driving him down onto the ground while punching him, then officer Collins put his weight on Ellis. Video footage from a female witness shows Ellis being repeatedly punched while on the ground. This was done by officer Collins, stated prosecutors. The female witness calls out to the officers: "Stop. Oh my God, stop hitting him. Just arrest him."
Then, according to prosecutors, officer Collins applied a "lateral vascular neck restraint" to Ellis, which is a type of chokehold. Video footage from a male witness showed that an officer brought Ellis to the ground from behind with a chokehold.
"Ellis was not fighting back", stated the prosecutors, citing witness statements and videos. They quoted one witness as saying that Ellis did not defend himself. The video evidence showed Ellis "struggling at times against the officers’ restraints, but does not show Ellis attempting to strike the officers at any point", stated the prosecutors.
Video footage from the male witness then showed: while Ellis is being choked by one officer, the other officer fires a Taser at Ellis's chest. Prosecutors state that it was Burbank who fired the Taser, and that he did so when Ellis raised his hands in a "surrender-type position" while being choked. Another witness tells officers: "Hey, y'all in the wrong right now".
Next, video footage from the male witness showed that the officer applying the choke then switches to placing a knee on Ellis's back or neck. The male witness who took the video told "The Seattle Times" that the officer's "knee was right on [Ellis's] neck, on the back of his neck".
After the choke was released by officer Collins, Ellis's head fell limply toward the ground, stated prosecutors. Collins then used his arm to push Ellis's head or neck, resulting in Ellis's face being pushed against the ground, stated prosecutors. The officers pulled Ellis's arms behind his back and pressed down on Ellis's body while they called for backup, stated prosecutors.
While the two officers held Ellis's arms and pressed down on his body, Burbank shocked Ellis again with the Taser, stated prosecutors. Three witnesses leave the scene, while Burbank shocked Ellis with the Taser for a third time.
At 11:23 p.m., Ellis is heard saying "can’t breathe" from a police radio recording. According to prosecutors, a Vivint doorbell camera across the street recorded Ellis clearly saying: "Can't breathe, sir. Can't breathe!" then less than 15 seconds later, Ellis either says "Breathe, sir?" or "Please, sir?" An officer then tells Ellis: "Shut the fuck up, man", according to prosecutors.
Burbank and Collins told county sheriff's investigators that during the incident, Ellis did not speak, only grunting or growling. According to Burbank and/or Collins's interviews with sheriff's investigators, the first Taser shot by Burbank disabled Ellis for five seconds, after which Ellis threw Collins off him. According to Burbank's interview, even after the second Taser shot by Burbank, the situation was akin to Ellis "doing, almost doing push-ups with [Burbank and Collins] on his back". Burbank told sheriff's investigators that he did not notice Ellis struggling to breathe.
Backup arrives; further restraint.
At 11:24 p.m., with Ellis already handcuffed by officers, Tacoma police officer Timothy Rankine responded to the scene as backup. He arrived together with Tacoma police officer Masyih Ford, according to investigation documents. Ford told sheriff's investigators that he held one of Ellis's feet and told Ellis to relax. According to investigation documents, Collins held Ellis's other foot, while Burbank was on Ellis's back, but Ellis allegedly threw Burbank off. Prosecutors described that Rankine got on top of Ellis's back, in a position almost like sitting on Ellis.
After Rankine arrives, Ellis tells the officers: "I can't breathe ... Can't breathe. Can't breathe, sir", stated prosecutors. Officers Rankine and Ford told the county sheriff's investigators that Ellis did say that he could not breathe, contradicting Burbank and Collins's account to county sheriff's investigators that Ellis did not speak. Rankine described Ellis making "really strange animal grunting noises", then described Ellis saying he could not breathe in a "very calm, normal voice", so Rankine replied, "if you’re talking to me, you can breathe just fine", stated prosecutors.
According to investigation documents, Burbank retrieved a hobble to use on Ellis, while Tacoma Police Sergeant Michael Lim, Pierce County Sheriff's Lieutenant Anthony Messineo, and Pierce County Sheriff's Sergeant Gary Sanders arrived on the scene. According to investigation documents, Sanders helped to place the hobble on Ellis. Sanders told State Patrol investigators that he pulled Ellis's foot to Ellis's waist, placing it into the hobble, resulting in Ellis being "pretty much contained at that point. Thus, Ellis's legs were tied together with a nylon strap that was connected to the handcuffs on Ellis, leaving Ellis face-down in a hogtied position, stated prosecutors.
Lieutenant Anthony Messineo told investigators that after Ellis was hobbled, Ellis did not move; Messineo heard "agonal breathing" from Ellis akin to "last breaths" when "someone is dying", stated prosecutors.
The officers briefly rolled Ellis onto his side, where Rankine observed Ellis having a high temperature, sweating copiously, and bleeding from his face, stated prosecutors. Then, Rankine rolled Ellis back onto his stomach; Rankine also used his knees to apply pressure on Ellis, stated prosecutors. Rankine claimed that Ellis was violently thrashing around, so Rankine left a knee on Ellis's back, but Lieutenant Messineo and Sergeant Sanders contradicted Rankine's claim, stating that Ellis had stopped moving by that point, stated prosecutors. Messineo told other officers at the scene that Ellis showed signs of excited delirium, stated prosecutors.
At 11:25 p.m., Sergeant Lim called for the Tacoma Fire Department to "check [Ellis] out", stated prosecutors. By then, Burbank, Collins and Rankine had not called for medical aid, and they did not tell the dispatcher that Ellis said he could not breathe, that Ellis was experiencing agonal breathing, and that Ellis was possibly in excited delirium,