Judge refuses to end criminal trial against Tacoma police
The judge overseeing the trial of three Tacoma police officers accused of killing Manuel Ellis shot down defense attorneys’ motion Wednesday afternoon to dismiss the officers’ charges.
The motion was raised after prosecutors rested their case Wednesday morning.
In deciding whether to dismiss charges in the middle of the trial, attorneys from the Washington State attorney General’s Office said Judge Bryan Chushcoff had to consider whether, in looking at the evidence in a light most favorable to the state, a rational juror could find that the crime occurred beyond a reasonable doubt.
Attorneys representing two of the officers, Christopher Burbank and Matthew Collins, argued there was insufficient evidence to find their clients guilty, and an attorney representing officer Timothy Rankine pointed out that prosecutors have largely relied on Rankine’s own statement in their case against him, and they haven’t called to the witness stand any of 13 officers who were on scene with him.
Burbank, Collins and Rankine are charged with first-degree manslaughter for killing Ellis. Collins and Burbank also face charges of second-degree murder. The defendants have pleaded not guilty, are free on bail and remain on paid leave from the Tacoma Police Department.
Special assistant attorney general Patty Eakes returned to the testimony of three eyewitnesses and that of the medical examiner who ruled Ellis’ death a homicide and found he died March 3, 2020, of a form of oxygen deprivation due to physical restraint. She said eyewitnesses Sara McDowell, Keyon Lowery and Samuel Cowden provided persuasive evidence that they saw the interaction between Ellis, Burbank and Collins from the beginning.
The three people testified that Burbank and Collins were still in their patrol car when they arrived at 96th Street and Ainsworth Avenue, Eakes said, and that Ellis was walking on the sidewalk when he was called over to the police vehicle.
“The door for the patrol car was swung open, knocked him to the ground and [the officers] began assaulting Mr. Ellis,” Eakes said. “[The eyewitnesses] all three testified that Mr. Ellis wasn’t fighting, he wasn’t assaultive in any way to the officers and that he did not engage in any other conduct that would indicate that there was a basis for arresting him.”
Eakes said the fact that Burbank and Collins had no reason to assault Ellis was corroborated by video evidence, eyewitnesses and the state’s use-of-force expert. She said Ellis cried out that he couldn’t breathe when only those two officers were on scene, and the reasonable inference was that Burbank and Collins heard him.
“They continued to restrict him, not only in a prone position but to hogtie him using a hobble, keep him in the prone position and have weight put on him,” Eakes said.
The prosecutor said the state’s expert on forensic pathology, Dr. Roger Mitchell, testified that Ellis wasn’t able to recover from that situation or catch his breath, and that’s what caused his death.
In regard to Rankine, Eakes said the facts show the officers were aware Ellis couldn’t breathe, and despite their training and awareness of positional asphyxiation, they acted in concert with Rankine to continue to restrain him.
![People gather to call for justice for Manny Ellis outside the Pierce County Superior Court, on [wdat], in Tacoma, Wash. The state rested its case against the three Tacoma Police Officers in the killing on Manny Ellis and the defense is expected to bring its case on Monday.](https://www.thenewstribune.com/latest-news/yp765z/picture281617438/alternates/FREE_1140/231108%20bh%20Ellis%20Trial%20Demonstration275.JPG "231108 bh Ellis Trial Demonstration275.JPG")
While court was at recess for lunch, about three dozen people gathered outside the County-City Building to demand justice for Ellis. They chanted and carried signs at the Tacoma Avenue South entrance. James Bible, an attorney for Ellis’ family, told the crowd Ellis’ death was a “lynching” and that the officers who approached him the night he died didn’t see him as a son or a caring family member but as an animal to be hunted.
“Let justice prevail,” Bible said.
His speech was followed by applause and chants of “No justice, no peace.” Others also spoke during the rally, including Bishop Lawrence White, pastor at Church of the Living God on Hilltop and James Watson and Candace Wesley of Tacoma Cease Fire.
Court will resume Monday, when an attorney for Collins, Casey Arbenz, is expected to present his opening statements, and the defense will call its first witness.
This story was originally published November 8, 2023, 4:05 PM.
Follow more of our reporting on Death of Manuel Ellis in Police Custody
See all stories
Peter Talbot is a criminal justice reporter for The News Tribune. He started with the newspaper in 2021. Before that, he earned his bachelor’s degree in journalism at Indiana University. In college, he worked as an intern at NPR in Washington, D.C. He also interned for the Oregonian and the Tampa Bay Times.
Source link
Attorneys and law firms can elevate their online presence with professionally written content from SEO Content Writing Services monthly plan. Our team of experienced writers specializes in crafting blog posts, articles, and written content that accurately reflect the expertise and knowledge of our clients in the legal field. With a keen eye for detail and a thorough understanding of legal terminology, we provide high-quality writing that helps our clients stand out from their competition and engage with their target audience. Trust SEO Content Writing Services for one time article writing or monthly written content to handle all of your written content needs and showcase your law firm's expertise.
If you need written content, blog posts, or articles professionally written for your website, we can help. Go HERE to find out more.
or email us here: myseowritingservices@gmail.com
To find out more about our article writing or blog post services, fill out the form, thank you.