TACOMA, Wash. — Police wrestled the unarmed black man to the sidewalk. An officer pushed his face to the pavement as he pleaded in vain: “Can’t breathe.”
Witnesses captured the scene at the dark intersection on their cell phones — one yelled, “Hey! Stop! Oh God, stop hitting him!” — and the medical examiner ruled the man’s death a homicide.
The story evokes the image of George Floyd begging for his life at the knees of Minneapolis officers in May 2020. But this is not Floyd.
This is the story of Manuel Ellis, who died, bound and handcuffed by three Tacoma officers, nearly three months before Floyd’s death would spark an international outcry against police brutality.
Ellis’ death, which coincided with the first US outbreak of COVID-19 at a nursing home in Kirkland, Washington, was a touchstone for racial justice protesters domestically but lacked the attention of Floyd’s killing in public in broad daylight.
Still, the trial of the officer charged in the Ellis case is another example of video footage of a violent arrest that may play a critical role in determining whether police should be held accountable.
Three Tacoma, Washington police officers are on trial for the death of Manny Ellis in 2020. AP Photo/Ted S. Warren, File
It was also the first trial under a 5-year-old Washington state law designed to make it easier to prosecute police who wrongfully use deadly force.
Opening statements are expected this week in a trial that could last more than two months.
Ellis, 33, was walking home with donuts from 7-Eleven on the night of March 3, 2020, when he passed a patrol car stopped at a red light. Officers Matthew Collins and Christopher Burbank sat inside.
After what witnesses said appeared to be a brief conversation between Ellis and the officer, Burbank, in the passenger seat, opened his door, knocking Ellis over.
The officers, both white, tackled and punched Ellis, with one shocking him with a Taser while the other restrained him in neck restraints.
A mural dedicated to Ellis in Tacoma’s Hilltop neighborhood.AP Photo/Ted S. Warren, File
A third officer, Timothy Rankine, arrived after Ellis was handcuffed, face down, and kneeling on his back as Ellis pleaded for breath.
Police allege Ellis tried to open the door of another vehicle at the intersection, smashed the window of their cruiser and swung his fist at them, but witnesses said they saw no such thing.
Three public witnesses — a woman in one car, a man in another car, and a pizza delivery driver in a third car — all said they never saw Ellis try to attack the officers, according to a probable cause statement filed by the Washington attorney general. . office, which prosecuted the case.
The video, which includes cell phone footage taken by witnesses and surveillance video from a nearby doorbell camera, shows Ellis raising his hands in surrender and calling officers “sir” while telling them he can’t breathe.
An officer can be heard replying, “Shut up on that (expletive), mate.”
Christopher “Shane” Burbank during pre-trial motions in Tacoma for his trial. Brian Hayes/The News Tribune via AP, PoolMatthew Collins and Burbank are charged with second-degree murder in Ellis’ death.Brian Hayes/The News Tribune via AP, Pool
“The police version of events has always been treated as the gospel truth,” said Philip Stinson, a professor of criminal justice at Bowling Green State University in Ohio.
“And what these cases show us, especially when there’s video evidence, is oftentimes the actual narrative of the police officer, whether it’s in the police report, whether it’s their testimony, is sometimes inconsistent with the video evidence,” Stinson continued. “And that’s what comes under closer scrutiny by prosecutors and investigators.”
Collins and Burbank are each charged with second-degree murder. Rankine, who is Asian American, was charged with murder.
Timothy Rankine charged with murder. Brian Hayes/The News Tribune via AP, Pool
They argue Ellis would not have died had he not taken methamphetamine and had underlying health problems.
The Pierce County medical examiner determined Ellis’ cause of death was a lack of oxygen from his arrest, with meth intoxication and an enlarged heart as complicating factors.
But medical experts hired by the defense are expected to testify that it was drugs that killed him.
The trial will feature the work of forensic analysts hired by prosecutors to examine audio and video from cellphones, doorbell cameras and 911 dispatch tapes to create a “comprehensive transcript of the incident.”
Collins’ attorney said the video only shows “a small part” of what happened that night.
“While it may make it easier to prosecute the officer, we are confident that the evidence presented as a whole will show that Officer Collins is innocent of the charges he faces, and that the jury in this case will hold the State accountable. to his burden, and delivered a verdict of not guilty,” 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.”
Police allege Ellis tried to open a vehicle door at the intersection and attacked their patrol car.AP Photo/Ted S. Warren, File
“A police badge should not be seen as a license to commit human rights violations,” his family said in a September 18 press release. “Murder is not justified because the victim has a mental or substance abuse problem.”
How the encounter began and whether Ellis acted violently toward the officer are critical when trying to determine whether the officer was justified in using force.
In 2018, Washington voters approved a measure eliminating the long-standing requirement that prosecutors have to prove police acted with malice in order to prosecute them criminally for using deadly force. No other state has such barriers to imposing officers.
One other official has been charged since the law was passed.
Auburn police officer Jeffrey Nelson was charged in the 2019 fatal shooting of Jesse Sarey and is still awaiting trial.
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Source: thtrangdai.edu.vn/en/
