MYNORTHWEST NEWS

‘My brother was murdered’: Tacoma verdict reaction intense, but peaceful

Dec 22, 2023, 9:02 AM | Updated: 9:32 am

Image: Protesters gather at a rally after the verdict was read at the trial of three Tacoma police ...

Protesters gather at a rally after the verdict was read at the trial of three Tacoma police officers in the killing of Manny Ellis, at Pierce County Superior Court in Tacoma on Thursday, Dec. 21, 2023 (Photo: Maddy Grassy, AP)

(Photo: Maddy Grassy, AP)

The not-guilty verdict in the trial of three Tacoma police officers accused in the 2020 death of Manny Ellis has generated strong reactions on both sides of the issue.

Officers Christopher Burbank, Matthew Collins and Timothy Rankine were charged with first-degree manslaughter for killing Ellis during a confrontation on March 3, 2020. Collins and Burbank also faced charges of second-degree murder.

“The emotions are definitely feeling high,” Ellis family attorney James Bible said, according to KIRO Newsradio. “I think the family feels like they’re in a place where they’re experiencing a second-time lynching, a second-time victimization.”

The officers previously pleaded not guilty. They were free on bail while also remaining on paid leave from the Tacoma Police Department.

More on the verdict: 3 Tacoma police officers found not guilty in the case involving the death of Manny Ellis

On the night of March 3, 2020, Ellis was walking home with doughnuts from a 7-Eleven, when he passed a patrol car stopped at a red light, with Collins and Burbank inside.

The officers claimed they saw Ellis try to open the door of a passing car at the intersection and he became aggressive when they tried to question him about it. Collins testified that Ellis demonstrated “superhuman strength” by lifting him off the ground and throwing him through the air.

But three witnesses who testified said they saw no such thing, reporting that they did not see Ellis try to strike or do anything that would provoke the officers.

Video captured Ellis addressing the officers as “sir” while telling them he couldn’t breathe. One officer is heard responding, “Shut the (expletive) up, man.”

Matthew Ericksen, a lawyer representing the Ellis family, said it was hard to convey how devastating the verdict was for the family and community.

“The biggest reason why I personally think this jury found reasonable doubt is because the defense was essentially allowed to put Manny Ellis on trial,” Ericksen said in an email to the Associated Press. “The defense attorneys were allowed to dredge up Manny’s past and repeat to the jury again and again Manny’s prior arrests in 2015 and 2019. That unfairly prejudiced jurors against Manny.”

The Pierce County Medical Examiner ruled Ellis’ death as a homicide, caused primarily by a lack of oxygen due to being restrained, but also cited methamphetamine use and Ellis’ existing heart condition were “significant contributing factors.”

But, despite the contributing factors, the medical examiner, Dr. Thomas Clark, said he felt “reasonably confident” that it was hypoxia due to restraints when he took the stand.

The Ellis family settled a federal wrongful death lawsuit against Pierce County, for $4 million last year.

Jared Ausserer, one of Collins’ attorneys, understands that no matter what happened here, this verdict is going to resonate.

“I think the jury got it right, but I understand the damage this is going to cause for everyone involved,” Ausserer said, according to KIRO Newsradio.

Previous coverage from the trial: Accused Tacoma officer testifies in trial over Manny Ellis’ death

Casey Arbenz, another attorney who represents Collins, said, “For the officers, this is just a huge, huge sigh of relief,” The Seattle Times reported. The verdict is the result of the jury “looking beyond the short snippets of video and witness statements but actually looking into the evidence.”

“What the jury saw was that this really wasn’t a case; they could never have been charged. It should never have been brought,” he said in the courthouse lobby, the media outlet added.

Protests after the verdict was read

A protest led by the family of Manny Ellis took place in Tacoma began shortly after the verdict was announced Thursday as groups of people got up and left the courtroom. Some of them took to the street and gathered by a mural of Ellis emblazoned with the words “Justice For Manny” as emotions ran high.

Ellis’ sister Monet Carter-Mixon showed raw emotion during the protest.

“My brother was murdered,” Monet Carter-Mixon, Manuel Ellis’ sister, shouted into a bullhorn, according to KIRO 7. “There’s plenty of other people here who have been murdered and their murders have been covered the  (expletive) up.”

‘My person’: Manny Ellis’ sister takes the stand in Tacoma officers’ trial

Activist Jamika Scott with Tacoma Action Collective said Ellis was not the one on trial, the officers were.

“The put Manny (Ellis) on trial, to the point where people are calling this ‘The Manny Ellis trial,'” Scott said,  according to KIRO 7. “He is not on trial. It has just been ridiculous. It has been disrespectful. It has been infuriating.”

Scott also addressed the relationship between the community at large and local police.

“We already had a lot of work to do,” Scott said, according to KIRO Newsradio. “Now that chasm of trust between our systems of safety — ‘safety’ — and our community, that chasm is even deeper now.”

As the sun went down Thursday, a crowd that included family members of Ellis gathered near a mural of him in Tacoma, temporarily blocking an intersection. “No justice, no peace,” they chanted. About 100 people attended an evening vigil at the mural.

Ellis’s mother laid a wreath at the base of a mural depicting her son, according to KIRO Newsradio.

Despite the anger and the vocal protests, Scott noted there is hope on the streets as well.

“People are tired of this. People are sick of this,” Scott said, KIRO Newsradio reports. “There are so many reasons in this world to not feel hope. And, yet, everyone is out here, not because of hate, but because we do have hope, but because we do love each other.”

Reaction from officials throughout the state

Reacting to the trial’s verdict, Washington Democratic Gov. Jay Inslee said in a statement we can respect our judicial system but also acknowledge our society has more work to do.

“Regardless of how people feel about the verdict, everyone should remember this case began when the Ellis family experienced a profound loss that was not properly investigated,” Inslee said.

He added a full airing of the evidence was vital in this case.

“A full airing of the evidence was important for all sides in this tragedy and that’s what happened here thanks to the Attorney General’s Office,” Inslee’s statement adds. “These events also led to the creation of the state Office of Independent Investigations, a key piece of how we improve justice and accountability in Washington.”

Washington Attorney General Bob Ferguson, whose office prosecuted the case, said in a statement that he was grateful for the jury, the court and his legal team “for their extraordinary hard work and dedication.”

“I know the Ellis family is hurting, and my heart goes out to them,” he said.

In a statement, Enoka Herat, policing and immigration policy program director for the American Civil Liberties Union of Washington used the word “devastating” to describe the acquittal of the three Tacoma officers and said “it doesn’t result in the accountability the community has demanded and deserves.”

“While no verdict would provide true justice for Manny — as that would mean never being killed in the first place — officers cannot be allowed to act with impunity and kill community members without consequence,” Herat said in the statement. “Our thoughts are with Manny’s family who have had to be fierce advocates in the face of a system that was not investing time on investigating itself.”

Previous coverage: Officers on trial in deadly arrest of Manny Ellis, a case reminiscent of George Floyd

In a statement obtained by KIRO Newsradio, Tacoma Police Union Local 6, the union representing Tacoma’s police officers, called the verdict a just and right result.

“When a life is lost, we fully expect and invite a thorough fact-finding process built upon truth and evidence, not hyperbole and politically charged prosecutions, the statement, in part, reads. “We are thankful for our justice system, in which the truth of the matter prevails.”

The union added that “Justice served is an opportunity for our communities to work together to move forward.”

What’s next in Tacoma

The Tacoma Police Department (TPD) said in a statement Thursday that after courthouse testimony concluded Dec. 6th, Internal Affairs for the department “immediately resumed its internal investigation into the three officers’ conduct on March 3, 2020, to include the officers’ own testimony on the witness stand.”

“Because the not guilty verdicts do not impact the Tacoma Police Department’s internal investigation, it is important for that process to be finalized, independent of the criminal trial,” the statement continues.

Although the criminal trial ultimately resulted in not guilty verdicts, TPD is committed to finalizing its own investigation for administrative completeness regarding potential use of force and courtesy violations.

TPD’s statement Thursday added it expects to complete its internal investigation “within the next 24 hours.”

Tacoma Mayor Victoria Woodards said after the verdict was read she fully supports TPD Chief Avery Moore and any decision he makes once the internal investigation concludes.

She also described how she felt in 2020 after the incident occurred.

“Over three years ago, I called for the firing of each officer involved. And at that moment, my heart was breaking.”

At a news conference after the verdict was read Thursday, Woodards spoke for the city of Tacoma and what she wants to see next.

“The verdict (read Thursday) does not lessen our commitment to ensure that the city’s power is used to protect and serve and that the essential services provided by all city employees are delivered equitably and fairly,” Woodards said.

The mayor also understands this an emotionally charged time in Tacoma.

“I share the depth of emotion that many of you are experiencing right now,” Woodards added. “I personally commit, along with every member of your city council and with our city manager and our police chief, to a just, transparent and safer Tacoma for all of our residents.”

Contributing: Kate Stone, KIRO Newsradio; The Associated Press; KIRO 7; Frank Sumrall, MyNorthwest

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