By Aaron Allen, The Seattle Medium
Last Thursday, Washington Attorney General Bob Ferguson announced the filing of felony charges against three Tacoma Police Department officers who were involved in the homicide of Manuel Ellis. The Attorney General charged Christopher Burbank and Matthew Collins with second-degree murder and Timothy Rankine with first-degree manslaughter. The charges were filed in Pierce County Superior Court.
On Friday, all three officers entered not guilty pleas by video conference from jail. If convicted, the standard sentencing range for second-degree murder with no prior criminal history is 10 to 18 years in prison. The standard range for First-Degree Manslaughter with no prior criminal history is 6.5 to 8.5 years. The maximum sentence for both offenses is life in prison.
According to James Bible, Attorney for the Ellis family, these charges may have set precedent in Washington, as this is the first time the Washington State AG’s office has filed charges against law enforcement.
“This is the first time to our knowledge that the Attorney General office in the history of the State of Washington has actually filed criminal charges for officers use of deadly force against a human being,” says Bible. “Typically, it’s been local jurisdiction for such a thing, and normally it’s been county prosecutors.”
Bail was set at $100,000 for each officer. The family of Ellis was disappointed in the bail amount, proclaiming that it should have been set at $1 million or mor.
“It’s very hurtful to know that the judge was willing to give them such a low bail, when I know people who have committed crimes for less who received way higher bails,” said Ellis’ sister, Monet Carter-Mixon.
On March 3, 2020 in Tacoma Washington, Ellis was stopped by Tacoma police officers. During the stop officers claimed they felt threatened and the use of physical force was necessary to restrain Ellis. In addition to using force, the officers placed what is commonly known as a spit mask over Manuel’s head, which, according to a medical examiner, may have also contributed to Ellis’ death.
Initially, the Pierce County Medical Examiner ruled Ellis’ death a homicide due to a lack of oxygen, and that methamphetamine and an enlarged heart may have played a contributing role. But after further review of the case, the charging documents now says that the autopsy done by the Medical Examiner Dr. Thomas Clark indicate further factors/evidence that may have contributed to Ellis’ death like the weight of an officer on his back and heart monitor readings from paramedics before Ellis died.
In addition, cellphone video footage of the incident also sheds light not only provided additional evidence, but prompted calls for a larger and wider investigation from city officials and the broader community. According to Bible, all of the evidence, gathered to date, supports the charges of the filed by the AG’s office.
“There is absolutely evidence the warrants such charges,” say Bible. “I would say the evidence actually would suggest that more charges would be needed.”
Along with a cellphone video of the incident and this determination, prompted calls for a larger and wider investigation and that the legislature create a new independent agency to investigate police use of deadly force.
“I think that realistically when you have three separate videos and three independent witnesses, all of whom say the person didn’t do anything wrong but was assaulted, beaten and tased by police officers and then you coupled that with what we’ve learned about Manny which was that he was not only beaten, not only choked, not only tased, he didn’t only say “I can’t breathe, they hogtied him hands to feet, stared at his struggling body and then put a spit mask over his head, there are few circumstances that I can think of where prosecution would not be warranted,” Bible adds.
In Olympia, the Black Members Caucus, which has helped spearhead police reform legislation signed into law by Gov. Jay Inslee a few weeks ago, released the following statement after the Attorney General announced his charging decision in the death of Tacoma resident Manny Ellis:
“For the Ellis family and communities of color, hearing and seeing Manny cry “I can’t breathe” while fighting for his life is traumatic. Just as you are, we are exhausted and stressed from seeing countless people that look like us killed by those who took an oath to protect and serve our communities. With Attorney General Ferguson’s decision to pursue charges against the officers involved in Manny Ellis’ death; we have moved towards some accountability for the Ellis family here in Washington State.”
“While today’s announcement moves us forward to ensure our law enforcement is held responsible for reckless and fatal decision-making, we – as a state and nation – must continue our work to end police brutality because no family should have this loss. For over a year, the people of Washington have used their first amendment rights to raise their voices, take to the streets, and demand government accountability and action. To push for comprehensive change for their Black and Brown neighbors, and they will continue pushing for change until all levels of government guarantee justice and equity for all,” the statement continued.
Despite the filing of charges in the Ellis case, the Black Members Caucus is encouraging affected communities to continue using their voices to demand action and change.
“Even though our justice system took the right step today, we understand this does not guarantee justice yet. We encourage our communities to continue using their voice to demand change and action. We must stay vigilant and not let up to ensure that the Ellis Family receives equitable justice for Manny. We hope as we continue this work, this start brings some healing to our communities.”
