TACOMA, Wash. — Jurors were shown autopsy photos of Manuel Ellis and some of his articles of clothing, including the spit hood put on him by Tacoma police, when a death investigator and a forensic pathologist testified on Thursday in the trial for the death of Manuel Ellis.
The Pierce County Medical Examiner investigator, Jacob Atzet, responded to the scene of Ainsworth Avenue South and South 96th Street where Ellis, a 33-year-old Black man, died in police custody on March 3, 2020. Ellis died after a confrontation with Tacoma police officers.
Three officers face charges in Ellis' death. Officers Christopher Burbank and Matthew Collins are charged with second-degree murder and first-degree manslaughter. Officer Timothy Rankine is charged with first-degree manslaughter.
In his testimony Wednesday, Atzet said he documented the scene where Ellis died, but he was not responsible for making the determination of Ellis’ death, which is done by a pathologist. Prior to arriving at the scene, Atzet told the court he reviewed Ellis’ medical history – as he does with any case when possible in order to learn about any underlying conditions.
At the scene, Atzet took notes, photographed Ellis and the scene and transported Ellis' body back to the medical examiner's office.
Prosecutors showed pictures of Ellis' body that were taken at the scene of the confrontation and also later at the medical examiner's office, asking Atzet to note marks or injuries, what Atzet called "defects," on Ellis.
Atzet noted marks on both of Ellis' wrists that were consistent with him having been placed in handcuffs and also marks on his ankles that were consistent with a hobble restraint police placed on Ellis' legs before he died. Photos showed marks left on Ellis' chest consistent with him being Tased, Atzet said. A photo of a Taser wire that was found below Ellis' body was also shown.
There were also defects on the top of Ellis' right hand, his left palm, and on the left and right sides of his face. Neither Atzet nor the prosecution elaborated on exactly what those injuries were. Atzet noted there was another defect on the back of Ellis' head, but he could not tell if that was an actual defect or a transfer of blood from one place to another.
Atzet was asked to open up multiple evidence bags during the morning session on Thursday, containing Ellis' sweatshirt, socks, pants, shorts and the spit hood that was placed over his face by police. Prosecuting attorney Lori Nicolavo showed Ellis' sweatshirt and pants to the jury - both had been cut by emergency medical technicians who attempted to resuscitate Ellis at the scene. Nicolavo also showed the jury the spit hood. In a photo taken of the hood after Ellis' death, Atzet noted it still had blood on it.
The prosecution also asked Atzet if there was any residue on either of Ellis' hands, to which he said no. The defense alleges a white smear left on the passenger window of the patrol car on that night was from Ellis hitting it with his fist.
During cross-examination, defense attorneys produced a photo of the smear and asked Atzet if he noticed the spot when he was responding to the scene. Atzet said no. Defense counsel then pulled up a photo of Ellis' left hand that was taken after he died and asked Atzet if he saw white specks present. Atzet said he did, and acknowledged they could be a "powdery substance."
Defense counsel asked Atzet at length about what he included in his report to aid the medical examiner in the autopsy of Ellis' body. Atzet noted that reports include relevant medical history to assist in determining what someone's cause of death might be.
In Atzet's report, he noted that Ellis had previously been diagnosed with chest pain, intravenous drug abuse and abuse of methamphetamine, among other diagnoses.
Atzet also included a description of an incident in 2019 where Ellis had been confronted by police and Tased while he was high on methamphetamine. Atzet said he included that incident in his report because it was consistent with the storyline that police shared with him about the night Ellis died.
The prosecution noted that Atzet was unaware if Ellis' medical history factored into his death, and Atzet agreed.
The next witness to be called to the stand is Dr. Roger Mitchell Jr. He is the chair of pathology and the chief medical officer for ambulatory care at Howard University. His experience spans over a decade overseeing thousands of death investigations in New York, Washington D.C., New Jersey and Texas.
Mitchell told jurors he has personally performed about 2,000 autopsies, with seven of those being in-custody deaths which he defined as being related to law enforcement during pursuit, incarceration, while handcuffed, officer shootings and others.
In addition to his duties, Mitchell teaches medical students and residents, including lessons about hypoxia and its effects.
Atzet's and Mitchell's testimony hints at what is expected to be a long back and forth between prosecutors and defense over what Ellis' cause of death truly was.
The Pierce County Medical Examiner ruled Ellis' death a homicide, saying it was caused by hypoxia due to the physical restraints police used on him. Ellis was "hogtied" with a hobble, he was handcuffed and a spit hood was placed over his head, even after Ellis audibly attempted to tell police that he couldn't breathe. The medical examiner determined the hood played a significant role in Ellis' death. Rankine also applied pressure to Ellis' back while he was in restraints.
The medical examiner also noted in his report that Ellis had what was a potentially fatal amount of methamphetamine in his system at the time he died, writing, "It is unlikely that this death would have occurred due to physical restraint alone, without the contributing conditions. An argument could be made that the extremely high methamphetamine concentration should be considered the primary factor."
However, on the stand Thursday afternoon, Dr. Mitchell said it is "not completely" accurate to say Ellis died of a meth overdose. Reviewing medical history, witness statement and video, various scene and autopsy reports, and conducting his own microscopic tissue review, Mitchell offered his own opinion of how Ellis died.
Upon his review of Ellis' autopsy, Mitchell came to a different conclusion than Dr. Thomas Clark about Ellis' cause of death. In May 2021, Mitchell determined Ellis died from mechanical asphyxia due to violent subdual and restrain by law enforcement with contributing causes being evidence of aspiration and blood in oral contents due to spit hood placement, methamphetamine toxicity and dilation of the heart.
“Mechanical asphyxia can have more of an effect on a person’s body than just hypoxia,” Mitchell said “I believe that it was not only hypoxia – because hypoxia played a part – but the fact that Mr. Ellis could not move his chest to be able to breathe the way he needed to breathe because of his position and because of the presence of individuals on top of him.”
He explained that asphyxia includes not only hypoxia, but includes consideration if how hard someone's heart is working and the amount of acid build up in a person's body from a lack of oxygen during a physical struggle.
“I specifically suggest that that violent subdual is part of his cause of death, as well,” he said. “I go a little further, I think, than Dr. Clark than just saying he had a lack of oxygen in his tissues.”
Hypoxia was a factor, but not the only factor, Mitchell testified.
When asked what he would have done differently if he had conducted Mr. Ellis’ autopsy, he said he would have taken more photos throughout the entire process, included more layer-by-layer dissections of Ellis' back side, neck and his face to see if there were any deeper injuries such as broken facial bones or deep tissue bruises.
While on the stand, Mitchell reviewed approximately 10 photos of Ellis taken before the autopsy, including those of his hands, legs and face. Mitchell pointed out that some of Ellis' facial injuries were consistent with being struck and other scrapes came from being in contact with the pavement. On Ellis' wrists and legs, Mitchell pointed out injuries consistent with being in handcuffs and having a canvas restraint strap tied around his right leg.
Dr. Roger Mitchell's testimony and cross-examination resumes on Monday morning.
The defense is prepared to argue that, regardless of the officers' involvement, Ellis would have died that night due to a meth overdose.
The trial is expected to last between eight and 12 weeks. Jury deliberations are anticipated to begin Dec. 4.
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 that 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.
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.