Opening statements begin in trial of Tacoma officers accused of killing Manny Ellis

Opening statements began Tuesday in the trial of three Tacoma police officers charged in the death of a man in their custody.

In the state’s opening argument, Washington Assistant Attorney General Kent Liu described Manuel “Manny” Ellis’ last words to jurors on March 3, 2020, saying, “I can’t breathe, sir. I can’t breathe, sir. I can’t breathe.”

Court documents allege Ellis was punched, shocked with a Taser, put in a chokehold and held face down after he was stopped while walking home from a convenience store.

Officers Christopher Burbank, Matthew Collins and Timothy Rankine have all been charged with first-degree manslaughter. Burbank and Collins also face an additional second-degree murder charge. All three have pleaded not guilty and remain on paid administrative leave from the Tacoma Police Department.

The case is likely to center around two major arguments: Whether the officers used excessive force in their stop of Ellis, and what the official cause of death was.

“The state’s theory of the case is that my client and Officer Burbank essentially attacked Mr. Ellis unprovoked,” Jared Ausserer, who represents Collins, told KIRO Newsradio, “And our position is that is factually inaccurate, and the physical evidence will prove that.”

Earlier coverage: Pierce County Council approves $4 million settlement with Ellis’ family

In his opening statement, Burbank’s attorney Brett Purtzer echoed those statements, claiming Ellis was combative when Burbank and Collins stopped him. Purtzer said the officers were trying to question Ellis about attempting to get into a stranger’s car, but Ellis was “screaming, violent and extremely high on methamphetamine.” He also banged on the patrol car windows and threatened the officers.

“Mr. Ellis goes up, grabs Mr. Collins, and throws him to the ground with superhuman strength,” Purtzer said. “It is something that these officers have not faced before. But it’s something completely bizarre.”

Those claims are disputed by multiple eyewitnesses, who have said they did not see Ellis try to open the door of another vehicle, strike the window of the police cruiser or swing his fists at the officers.

Officer Rankine arrived at the scene after Ellis was already handcuffed and facedown. According to prosecutors, Rankine pressed his knee into Ellis’ upper back, cutting off his air supply. By the time paramedics arrived, Liu says Ellis’ pupils were “fixed and dilated. He died right there on the street.”

Anne Bremner, the attorney representing Rankine, said the officer did what he was trained to do, using “just enough force” to restrain Ellis. He was trying to hold him down to keep him from hurting himself or anyone else, the attorney said.

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The Pierce County Medical Examiner ruled the death a homicide caused primarily by a lack of oxygen due to being restrained. But the report also cited methamphetamine use and Ellis’ existing heart condition as contributing factors.

Bremner said the drugs in Ellis’ system ultimately killed him. “The evidence is undisputed that he had a large heart and compromised lungs,” she told the jury. “It comes from their own medical examiner. That level of meth would have killed anybody in this room.”

Prosecutors disagree, saying the officers ignored their training and left Ellis in a dangerous “prone position,” face down with his arms and legs tied behind his back. “These three defendants did nothing to help Mr. Ellis. Even as he pleaded with him over and over again, ‘Can’t breathe’ they did nothing for him, Liu said.

Ellis’ death occurred nearly three months before George Floyd died in May 2020 under similar circumstances while in the custody of the Minneapolis Police Department. Ausserer says the parallels between the two cases will undoubtedly play a role in this trial. “From my client’s perspective, the biggest thing is attempting to get jurors to judge him on his conduct and his conduct alone,” he says. “We want to reiterate to the jury the importance of judging this case based on the conduct of these individuals, and not what’s happening around the country, what happened in the George Floyd case.”

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The trial is expected to stretch into mid-November. Members of Ellis’ family are expected to testify, and all three officers are, as of now, set to take the stand in their own defense.