Jurors heard the last words of Manny Ellis, a 33-year-old Black man who was punched, shocked with a Taser, put in a chokehold and held face down, during opening statements Tuesday in the trial of three Washington police officers accused in his death.
“I can’t breath, sir. I can’t breath, sir. I can’t breath,” Washington Assistant Attorney General Kent Liu told jurors, describing what he said were Ellis’ last words, uttered several minutes before he died in front of paramedics on the street in Tacoma.
“We are here today because this should not have happened,” Liu said. “Mr. Ellis did nothing wrong.”
Officers Matthew Collins and Christopher Burbank, both white, are charged with second-degree murder and manslaughter. Officer Timothy Rankine, who is Asian American, is charged with manslaughter.
It’s the first trial under a 5-year-old Washington state law designed to make it easier to prosecute police who wrongfully use deadly force.
The Pierce County Medical Examiner ruled the death a homicide and said it was caused by a lack of oxygen during the physical restraint.
Lawyers for the officers hired experts who said the death was caused by his use of methamphetamine on the night of his death, chronic drug use and pre-existing medical conditions. Prosecutors have objected to the expert reports.
Video evidence will be a central part of the case against the officers.
Ellis’ sister, Monet Carter-Mixon, said early Tuesday that the video and witness statements will prove that the officers committed a crime.
“From the beginning of this case, it was clear to me that the officers’ defense strategy would be to try and assassinate my brother’s character,” she told the Associated Press in an email. “Let’s be clear, Manny is not on trial. The focus of this case needs to be on the three Tacoma police officers and the extreme police brutality that occurred on March 3, 2020, not defaming my brother’s character when he can’t defend himself.”
Ellis, 33, was walking home with doughnuts from a 7-Eleven on the night of March 3, 2020, when he passed a patrol car stopped at a red light. Collins and Burbank sat inside.
After what witnesses said appeared to be a brief conversation between Ellis and the officers, Burbank, in the passenger seat, threw open his door, knocking Ellis down. The officers tackled and punched Ellis. One stunned him with a Taser while the other held him in a neck restraint.
Rankine arrived after Ellis was already handcuffed, face-down. He knelt on Ellis’ upper back as the man pleaded for breath.
Police said Ellis had tried to open the door of another vehicle at the intersection, struck the window of their cruiser and swung his fists at them, but witnesses said they observed no such things.
The three civilian witnesses — a woman in one car, a man in another, and a pizza delivery driver in a third car — all said they never saw Ellis attempt to strike the officers, according to a probable cause statement filed by the Washington attorney general’s office, which is prosecuting the case.
Video, including cellphone footage shot by the witnesses and surveillance video from a doorbell camera nearby, variously showed Ellis raising his hands in an apparent gesture of surrender and addressing the officers as “sir” while telling them he can’t breathe. One officer is heard responding, “Shut the (expletive) up, man.”
The trial in Pierce County Superior Court, which will run four days a week, is expected to last until early December.
