Crime
Officer acquitted in 2020 death of Manuel Ellis in Tacoma is employed by neighboring sheriff’s office
SEATTLE (AP) — One of three Tacoma law enforcement officials cleared of criminal charges in the 2020 death of Manuel Ellis — a Black man who was shocked, beaten and pinned face down on the sidewalk as he pleaded for breath — has been hired by the neighbor’s sheriff’s office.
The Thurston County Sheriff’s Office, based in Olympia, Washington, announced Monday on its Facebook page that it has hired former Tacoma Officer Christopher Burbank as a patrol deputy.
Burbank and two other officers – Timothy Rankine and Matthew Collins – were cleared of criminal charges by a Pierce County grand jury last December. Rankine was charged with manslaughter, while Collins and Burbank were charged with manslaughter and second-degree murder.
Their lawyers argued that Ellis died from a lethal dose of methamphetamine and heart disease, not in consequence of the officers’ actions. The Pierce County Medical Examiner ruled the death a homicide and determined it was caused by lack of oxygen during physical restraint.
Ellis’ family was shocked and saddened by the hiring, said attorney Matthew Ericksen. The U.S. Attorney’s Office in Seattle continues to review the case, which could result in criminal prosecution for federal civil rights violations, and a wrongful death lawsuit is pending.
“There is strong evidence in the Ellis case, including but not limited to cell phone videos, that should be of interest to any reasonable person,” Ericksen said in an email Tuesday. “There is no dispute that Mr. Burbank tased an unarmed person 3 times. Mr. Burbank even used a Taser when one other officer choked Manny.
Like many law enforcement agencies across the country, the Thurston County Sheriff’s Office is fighting staffing shortages; a Facebook post announcing the hiring said Burbank would “provide immediate assistance to our patrol division.”
In an emailed statement Tuesday, Sheriff Derek Sanders said Burbank underwent a two-month background check, including a polygraph examination. Sanders emphasized that his office is attempting to improve its emergency response by including mental health professionals, and added that the dashboard and body-worn cameras help provide transparency.
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“While recognizing the disturbing nature of the events in Tacoma four years ago, we want to emphasize that Deputy Burbank has been cleared of any wrongdoing by both the Tacoma Police Department, the Pierce County Prosecutor’s Office and the jury trial,” Sanders said.
Ellis, 33, was walking home with donuts from a 7-Eleven in Tacoma, about 30 miles south of Seattle, on March 3, 2020, when he passed a police automotive stopped at a red light with Collins and Burbank inside.
Officers claimed they saw Ellis attempting to open the door of a passing automotive on the intersection, and after they tried to query him, he became aggressive. Collins testified that Ellis demonstrated “superhuman strength” by lifting Collins off the bottom and throwing him into the air.
However, three witnesses testified that they saw nothing of the sort. After what seemed to be a transient conversation between Ellis and the officers – who were each white – Burbank, in the passenger seat, threw open the door, knocking Ellis down, they said. Rankine, who arrived after Ellis was already handcuffed face down, knelt on his back.
Witnesses – one of whom shouted for officers to stop attacking Ellis – and an intercom surveillance camera recorded video of part of the encounter. The video shows Ellis together with his hands raised in a give up position as Burbank shot him in the chest with a stun gun and Collins put his arm around his neck from behind.
His death got here nearly three months before the murder of George Floyd by the hands of Minneapolis police, which sparked international protests against police brutality.
The Tacoma Police Department found that the officers didn’t violate its use-of-force policy on the time – which was subsequently updated – and the three officers each received $500,000 to resign.
Pierce County, where Tacoma is positioned, has settled part of the family’s federal wrongful death lawsuit for $4 million. The case against the town is still pending.
The trial was the primary under a five-year-old state law intended to make it easier to prosecute police accused of illegal use of deadly force.