Charging decision on Tacoma officers involved in Manuel Ellis’ death to come by April

TACOMA, Wash. — A decision about whether Tacoma police officers will face criminal charges for the death of Manuel Ellis is expected by April, according to the Washington State Attorney General’s Office.

The State Patrol turned over its 2,169-page investigation in November.

That’s how the public learned that a fifth officer had been involved in restraining Ellis, a 33-year-old Black man who died from lack of oxygen March 3 after a moments-long struggle with police. Video captured him telling officers, “I can’t breathe, sir, I can’t breathe,” shortly before losing consciousness.’

It echoed the words of George Floyd, a Black man killed May 25 after a white Minneapolis police officer knelt on Floyd’s neck for nearly nine minutes.

Ellis’ death was ruled a homicide, with methamphetamine and heart disease listed as contributing factors.

All five Tacoma officers involved are on paid administrative leave until the Attorney General’s Office decides whether their actions were justified.

An 11-member team has been assembled to review the Ellis case, including Attorney General Bob Ferguson, two retired state court judges, an assistant attorney from a civil rights division and various deputy and assistant attorneys.

“A majority” of the review team are persons of color, the Attorney General’s Office said.

The team also has done its own investigating.

They’ve interviewed witnesses, searched out the neighborhood where Ellis died for more witnesses, retained experts and talked to interim Tacoma Police Chief Mike Ake.

The review team also said it has asked to meet with the Ellis family, which has been outspoken about wanting the involved officers fired and criminally charged.

“We appreciate and understand the desire for a conclusion to this review. Our work, however, must be thorough,” the Attorney General’s Office said in a written statement. “A premature decision would be a disservice to the interests of justice.”

A review of the investigation is expected to conclude within six weeks, and a charging decision will be announced shortly afterward.

Officers who restrained Ellis are Christopher Burbank, 34; Matthew Collins, 37; Masyih Ford, 28; Timothy Rankine, 31; and Armando Farinas, 26. A Pierce County sheriff’s employee, Lt. Gary Sanders, also held Ellis’ leg as he was hobbled.

Ellis’ fatal encounter with Tacoma police started after 11 p.m. March 3 as he walked home from a convenience store after playing drums at a church revival.

Police say they spotted Ellis in the intersection of 96th Street South and Ainsworth Avenue trying to grab the door handle of a passing car.

They called out to him and said Ellis quickly became aggressive by lifting Collins by the vest and throwing him to the ground.

The officer later told investigators Ellis had “superhuman strength.”

Witnesses have contradicted that account, saying Ellis was never aggressive and did not resist when two officers tried to take him to the ground and arrest him.

Ford and Rankine were not present for the initial struggle but were the first backup officers to arrive and help handcuff and hobble Ellis.

Police say Farinas, who arrived even later, placed a spit mask over Ellis’ head because he was being “assaultive” and trying to spit on officers.

A spit mask is made of a loose, breathable material and meant to keep people from spitting on or biting law enforcement officers.

It was estimated to have been on Ellis for six minutes, records say, but a sheriff’s detective later called the Medical Examiner to say that was an error and the spit mask was only on Ellis for 1-3 minutes.

Dr. Thomas Clark, the former Pierce County Medical Examiner, has raised questions about the case.

“In this case, the details of restraint weren’t clear at time of autopsy and keep changing,” Clark said, according to an investigator’s notes. “This is problematic.”

The autopsy report lists the spit mask as a major factor in Ellis’ death.

“Physical restraint, positioning and the placement of a mask over the mouth is a significant factor, and possibly the most important factor,” Clark wrote in the report.

This story was written by The News Tribune.

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