Washington officers on trial in deadly arrest of Manny Ellis, a case reminiscent of George Floyd

TACOMA, Wash. – Police combat the unarmed Black guy to the sidewalk. One officer pushes his face into the pavement as he pleads in useless: “Can’t breathe.”

Witnesses seize the scene at a darkish intersection on their mobile phones — one yells, “Hey! Stop! Oh my God, stop hitting him!” — and the clinical examiner laws the person’s demise a murder.

The tale conjures up photographs of George Floyd begging for his existence below the knee of a Minneapolis officer in May 2020. But this wasn’t Floyd.

This is the tale of Manuel Ellis, who died, hogtied and handcuffed by way of three Tacoma officers, just about 3 months ahead of Floyd’s demise would spark a world outcry towards police brutality.

Ellis’ demise, which coincided with the primary U.S. outbreak of COVID-19 at a nursing house in Kirkland, Washington, turned into a touchstone for racial justice demonstrators in the neighborhood however didn’t garner the eye of Floyd’s homicide in entrance of a crowd in large sunlight.

Still, the trial of the officers charged in Ellis’ case is every other instance of video pictures of a violent arrest in all probability enjoying a important position in figuring out whether or not the police must be held responsible.

It’s additionally the primary trial below a 5-year-old Washington state regulation designed to assist you prosecute police who wrongfully use deadly power. Opening statements are anticipated this week in a trial that would last longer than two months.

Ellis, 33, was once strolling house with doughnuts from a 7-Eleven on the night time of March 3, 2020, when he handed a patrol automobile stopped at a crimson gentle. Officers Matthew Collins and Christopher Burbank sat inside of.

After what witnesses stated gave the impression to be a transient dialog between Ellis and the officers, Burbank, in the passenger seat, threw open his door, knocking Ellis down. The officers, each white, tackled and punched Ellis, with one shocking him with a Taser as the opposite held him in a neck restraint.

A 3rd officer, Timothy Rankine, arrived after Ellis was once already handcuffed, face-down, and knelt on his higher again as Ellis pleaded for breath.

Police claimed Ellis had attempted to open the door of every other automobile on the intersection, struck the window of their cruiser and swung his fists at them, however witnesses stated they seen no such issues.

The 3 civilian witnesses — a girl in one automobile, a guy in every other, and a pizza supply driving force in a 3rd automobile — all stated they by no means noticed Ellis try to strike the officers, in step with a possible purpose commentary filed by way of the Washington lawyer normal’s place of business, which is prosecuting the case.

Video, together with cell phone pictures taken by way of the witnesses and surveillance video from a doorbell digicam within sight, variously confirmed Ellis elevating his fingers in an obvious gesture of give up and addressing the officers as “sir” whilst telling them he can’t breathe. One officer is heard responding, “Shut the (expletive) up, man.”

“The police version of events has always been taken as the gospel truth,” stated Philip Stinson, a felony justice professor at Bowling Green State University in Ohio.

“And what these cases show us, especially when there’s video evidence, is that oftentimes the actual narratives of the police officers, whether in police reports, whether they’re testifying, are sometimes inconsistent with the video evidence,” Stinson continued. “And that’s what gets closer scrutiny by the prosecutors and investigators.”

Collins and Burbank are every charged with second-degree homicide. Rankine, who’s Asian American, is charged with manslaughter.

They argue Ellis do not have died had he no longer taken methamphetamine and had underlying well being problems. The Pierce County clinical examiner made up our minds Ellis’ purpose of demise was once a lack of oxygen as a consequence of his restraint, with meth intoxication and an enlarged middle as complicating elements. But clinical professionals employed by way of the protection are anticipated to testify it was once the meth that killed him.

The trial will characteristic the paintings of forensic analysts employed by way of prosecutors to inspect audio and video from mobile phones, a doorbell digicam and 911 dispatch tapes to create “a comprehensive transcript of the incident.”

Collins’ legal professional stated the video handiest presentations “a fraction” of what came about that night time.

“While it may well have made it ‘easier’ to charge the officers, we are confident that the evidence presented in its entirety will show that Officer Collins is innocent of the charge he is facing, and the jury in this case will hold the State to its burden, and deliver a not guilty verdict,” Dan Gerl, CEO of the Puget Law Group, told The Associated Press in an email.

The Ellis family said they hope the trial will be a turning point “in favor of truth and justice.”

“A police badge should not be seen as a license to commit human rights violations,” his family said in a Sept. 18 press release. “Murder is not justified because the victim suffered from mental problems or substance abuse.”

How the encounter started and whether Ellis was violent toward the officers are critical points when trying to determine if the officers were justified in using force. In 2018, Washington voters approved a measure removing a longstanding requirement that prosecutors had to prove police acted with malice to charge them criminally for using deadly force. No other state had such a hurdle to charging officers.

One other officer has been charged for the reason that regulation handed. Auburn police Officer Jeffrey Nelson was once charged in the deadly capturing of Jesse Sarey in 2019 and continues to be waiting for trial.