TACOMA, Wash. — Closing arguments began Monday in the trial of three Tacoma police officers charged in Manuel Ellis' death.
Ellis, a 33-year-old Black man died in police custody in March 2020 after a confrontation with officers. Officers Christopher Burbank and Matthew Collins were charged with second-degree murder and first-degree manslaughter. Officer Timothy Rankine was charged with first-degree manslaughter.
Prosecution and defense attorneys have attempted to paint opposite pictures of what happened between the three Tacoma police officers and Manuel Ellis on the night he died.
State begins closing argument
On Monday afternoon, the state began its closing statement.
Special prosecutor Patty Eakes began by saying Ellis didn't need to die and that the three people on trial chose to ignore their responsibility and training as police officers to protect someone who was in their care.
Eakes went on to say that Ellis was like many people and had his flaws - referring to his drug addiction. However, he was still a human being and still had people who loved him. His sister, Eakes pointed out, described him as "her person."
"He was loved by people who knew him, despite his issues," Eakes said.
Eakes said there is evidence that disputes what the officers' defense attorneys have argued.
The defense, Eakes said, argued witnesses to the scene didn't see the initial interaction between the officers and Ellis. One of the videos, Eakes said, shows a plastic bag that Ellis was carrying being blown away in the wind next to where the interaction took place. Eakes argued this shows at least one witness was there when it began, because it was a windy night and the bag just started blowing away.
Additionally, Eakes said the first time mic clicks from the officers on scene began after one of the witnesses began recording. That, she said, shows there wasn't already something going on before recording began.
Furthermore, Eakes said that at no point in the witness videos is Ellis seen fighting.
The trial went into recess for the day before the state could wrap up its closing argument. The state will continue its closing argument on Tuesday, Dec. 11. The defense's closing argument may begin on Tuesday if time allows.
Objections to jury instructions and closing arguments
During the morning court session, the judge asked the state and all three defense teams whether they had any final objections to the court's jury instructions, which will be read out loud after the lunch recess.
The state and all three defense teams had additions, several of which the judge allowed. The defense teams for Burbank and Collins tried to get the judge to strike instructions related to third-degree assault, which the judge said he would not do.
A defense attorney for Rankine, Mark Conrad attempted to argue another motion to dismiss the case against his client based on a question that prosecutor Patty Eakes asked during cross-examination last week. Eakes suggested in front of the jury that Rankine had a lawyer with him in his interview about Ellis' death with the Pierce County Sheriff's Department. This time Conrad compiled other examples of what he called prosecutorial misconduct from throughout the trial. The judge denied Conrad's motion a second time.
Conrad submitted a motion intended to limit what the state could say during closing arguments. The state agreed they would not make sympathy arguments, references to the "thin blue line" or other pro-police movements or groups, make policy arguments or reference Burbank's decision not to testify. Conrad attempted to keep the state from making references to how long they believed Rankine was kneeling on Ellis' back, but the state would not agree and the judge denied the motion. Conrad tried to keep the state from suggesting Rankine had any responsibility for the impacts of the hobbles or the spit hood which were used against Ellis. The state said there was evidence to argue Rankine was there when the hobbles were applied and knew Ellis had a spit hood on, and it was reckless to leave those restraints on him. The judge sided with the state and denied that motion.
The state and the defense took turns bringing up objections they had with the others' PowerPoint presentations which they will use as visual aids to make their closing arguments in front of the jury. Conrad took issue with photos Eakes included of witnesses who testified for the state, saying they were taken by the media and would remind the jury of the public nature of this case, but the judge ruled those could be left in.
He took issue with a slide from the state's presentation quoting Ellis' sister, Monet Carter-Mixon, saying her brother was her person, was always there when she needed him and she trusted Ellis with her children. The judge was willing to ask the state to abbreviate Carter-Mixon's statement to say she trusted him and strike the reference to her children, but Conrad declined, saying the whole statement could be left in.
Eakes brought up several issues with Conrad's PowerPoint, noting he had taken screenshots from the court transcripts which will not be provided to the jury. The judge agreed he did not approve, noting that the transcripts are not certified. He was directed to take out the screenshots and type out or summarize the testimony he wanted to refer to instead. Conrad was directed to remove a pyramid intended to exemplify the various burdens of proof used in the legal field. The judge ruled the pyramid itself was a problematic way to display the information and directed him to find another illustrative graphic or find an alternative method to illustrate the theory to the jury.
Background on the case
On March 3, 2020, Ellis was walking home when he stopped to speak with Tacoma police officers Burbank and Collins, who were in their patrol car, according to probable cause documents.
Witnesses said Ellis turned to walk away, but the officers got out of their car and knocked Ellis to his knees. All witnesses told investigators they did not see Ellis strike the officers.
Other responding officers told investigators Burbank and Collins reported Ellis was “goin’ after a car” in the intersection and punched the patrol car's windows.
Witness video shows officers repeatedly hitting Ellis. Collins put Ellis into a neck restraint, and Burbank tasered Ellis’ chest, according to prosecutors.
Home security camera footage captured Ellis saying, “Can’t breathe, sir. Can’t breathe."
Rankine, who was the first backup officer to arrive, applied pressure to Ellis' back and held him in place while Ellis was "hogtied" with a hobble, according to documents.
When the fire department arrived, Ellis was “unconscious and unresponsive,” according to documents.
The Pierce County Medical Examiner ruled Ellis' death a homicide. According to the autopsy report, Ellis had a fatal amount of methamphetamine in his system.
KING 5 will stream gavel-to-gavel coverage of the trial from opening to closing statements. Follow live coverage and watch videos on demand on king5.com, KING 5+ and the KING 5 YouTube channel.