TACOMA, Wash. — During the morning session of court on Monday, jurors heard the voices of Tacoma police officers Christopher Burbank and Matthew Collins describe what happened on the night Manuel Ellis died.
Burbank and Collins face second-degree murder and first-degree manslaughter charges in Ellis’ death. Another officer, Timothy Rankine, faces a first-degree manslaughter charge. Ellis, a 33-year-old Black man, died after a confrontation with the officers while in Tacoma police custody on the night of March 3, 2020.
The prosecution played recorded statements that Burbank and Collins gave to a Pierce County Sheriff’s Detective after Ellis’ death. Burbank and Rankine were interviewed on March 6, three days after Ellis died. Collins was interviewed on March 9, six days after Ellis’ death.
Rankine’s statement was played last week.
The officers’ statements go over what led up to the confrontation between police and Ellis – a sequence of events that is hotly disputed between the defense and the prosecution and contradicted by eyewitness statements and video.
Both Burbank and Collins recalled driving up to the intersection of South 96th Street and Ainsworth Avenue South and spotting Ellis in the center of the intersection. Burbank said that Ellis had approached a car trying to turn left onto South 96th Street. The officers said that Ellis attempted to block the vehicle and tried to open the passenger side door of the car.
Per the officers’ statements, Collins then called out to Ellis and he came up to the driver’s side door of the car. They recalled Ellis saying something to the effect of, “I need some help and I have warrants.” Burbank said Ellis was speaking rapidly and visibly sweating despite the cold temperature.
Collins said he then told Ellis to go wait on the sidewalk, and they would help him. Burbank said Ellis then came around to the passenger side of the car, so he rolled down his window, but quickly rolled it back up after he claimed Ellis threatened to punch him in the face.
Collins recalled getting out of the police cruiser after he said Ellis started hitting the passenger-side window. Collins claimed Ellis then grabbed him and threw him on his back in the intersection.
At multiple points in both interviews, Burbank and Collins said Ellis displayed “superhuman strength” and was “growling” and making other animalistic noises. They said during the fight that Ellis was not responding to “pain compliance” and they were struggling to gain control of him.
Collins and Burbank allege that Ellis was continuously fighting back against their attempts to restrain him.
Collins said he then resorted to an LVNR hold, which can cut off oxygen to the brain, as a last resort in an attempt to knock Ellis unconscious. While Collins was doing that, Burbank said he got out his Taser and fired it into Ellis’ torso.
Collins and Burbank said Ellis stopped fighting for a short time during the three five-second bursts where the Taser was activated, allowing them to get him in handcuffs. The officers said they then pressed Ellis to the ground until other officers got to the scene. They said Ellis was fighting back against them and kicking. Collins then requested a hobble, which was applied to Ellis’ legs and attached to the handcuffs.
Once other officers arrived, Burbank and Collins said they were instructed to go back to the patrol car when they noticed fire department personnel and other officers begin to perform CPR.
Collins’ and Burbanks' statements were contradicted by witnesses to the incident, who said that Ellis was walking down the street when it appeared he was called up to the passenger-side window of the police car. A witness, Sara McDowell, said Ellis then turned away and was knocked to the ground by the passenger-side door of the police car. None of the witnesses recalled Ellis striking the patrol car.
Witnesses also maintain that Ellis was not fighting back against the officers’ attempts to restrain him at any point. Video from a doorbell camera picked up Ellis attempting to tell officers he couldn’t breathe.
Video of the confrontation shows both Burbank and Collins punching Ellis while he is on the ground. A frame-by-frame examination of cellphone video from a bystander shows Ellis had his hands in the air at multiple points during the period of time when Collins had him in the LVNR restraint and Burbank was firing his Taser.
The Pierce County detective, Byron Brockway, who took the statements from Collins, Burbank and Rankine was cross-examined by the defense on Monday. They referenced a timeline of when other officers from the Tacoma Police Department and multiple other agencies arrived at the scene. Within three minutes, the defense noted that 16 officers arrived.
Sober living facility operator
Cedric Armstrong, who operates a clean-and-sober home with his wife, testified Monday afternoon.
Ellis was living at the home at the time of his death.
Armstrong and his wife also live at the time.
While being questioned by state prosecutors, Armstrong said he and Ellis went to church the evening of March 3 and that Ellis was in good spirits and helpful when they returned.
According to probable cause documents, Ellis was at church until 9:30 p.m.
Between 10:08 p.m. and 10:30 p.m. he called his mom and talked to her for about 30 minutes.
Ellis then left to get a snack from 7-Eleven.
Armstrong said Ellis did not appear to be under the influence of anything leading up to their last interaction at approximately 10:35 p.m. on the night of Ellis' death.
Armstrong said that the home has a weekday curfew of 10 p.m. unless residents specifically ask for permission. Though he did not recall giving Ellis permission to leave the home after curfew, state prosecutors pointed out that in a previous interview with investigators Armstrong had given Ellis permission.
The 7-Eleven is between 10-15 minutes from the home on foot, according to Armstrong.
Armstrong said it was not uncommon for Ellis to walk to the store if he was feeling anxious, buy snacks and then return.
According to probable cause documents, Ellis is believed to have purchased a box of donuts and some water at 11:11 p.m. and began his walk home.
Shortly after 11:20 p.m. at the intersection of 96th Street South and Ainsworth Avenue South, the interaction between Ellis and the police officers began.
During cross-examination, Armstrong recalled seeing a news article about bad meth being sold, including in the Tacoma area.
He said he doesn't believe he ever saw Ellis on meth.
Watch: Sober living home operator testifies
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.