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Testimony continued Wednesday in the trial for the death of Manuel Ellis.
Three Tacoma police officers face charges related to Ellis' death. Ellis, a 33-year-old Black man died in police custody in March 2020.
Ellis died after a confrontation with the officers.
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.
Opening statements were given on Tuesday by the defense and the prosecution.
The first witness, a video analyst named Grant Fredericks, was called before the afternoon session ended.
Fredericks examines digital multi-media evidence and helps juries to understand its limitations, whether video or audio evidence can be authenticated and how it can be used correctly in court proceedings.
For the trial, Fredericks reviewed videos taken by several witnesses alongside data from an EBT transaction report at 7-11 that was generated when Ellis purchased a jug of water and a box of powdered donuts at the store. He also reviewed a Taser activation report and Tacoma Police Department CAD reports, including the dispatch and responses of particular vehicles and car-to-car and car-to-dispatch communication.
The prosecutor's line of questioning hinted at the rapid pace at which the confrontation escalated that night between Ellis and officers Collins and Burbank. Fredericks verified that Ellis made his 7-11 purchase at around 11:10 p.m. that night, and estimated his walk to the intersection of South 96th Street and Ainsworth Avenue South, where the confrontation took place, would have taken about 10 minutes. The first video capturing the confrontation from a doorbell video camera picks up at around 11:21 p.m.
After examining the data from the Taser activation reports, Fredericks concluded that the first time the Taser was deployed was around 11:22 p.m. The data reflected that the Taser was activated three times in 53 seconds.
Much of Fredericks's testimony Wednesday centered around a frame-by-frame review of a video of the confrontation between officers and Ellis, taken by a pizza delivery driver who was stopped at the intersection, Seth Cowden.
Fredericks tracked the position of Ellis' hands and also parts of the officers' bodies at different points of the video.
The beginning showed Burbank, Collins and Ellis engaged in a confrontation, with Collins on top of Ellis seemingly tumbling to the ground. Burbank is standing over both Collins and Ellis. The video proceeds and Collins' right arm moves over Ellis' shoulder to underneath his chin. At that time Ellis' hand is just above his waist and his right hand is close to his waist on his right side.
Ellis then brings his hands up to his neck. As Collins and Ellis fall backward, Ellis raises both hands into the air with his palms facing out. Burbank can be seen pointing the Taser at Ellis. A few seconds later the Taser is activated for the first time.
Ellis is then rolled over with his face toward the ground, still in a restraint. Fredericks noted that Ellis' head drops to the ground at one point in the video. Fredericks noted that Collins' knee and Ellis' head were moving in unison a few frames later in the video, but could not definitively say if they were in contact. Burbank is standing over Ellis and Collins is seen kneeling as Ellis is Tased a second time while he still lying face down on the ground.
Cross-examination began Wednesday afternoon, with the defense beginning to question what was seen in the videos presented by Fredericks. In the home surveillance footage, the defense pointed out, you do not actually see the police officers arrive at the scene.
The trial went into recess for the day before further cross-examination could be done.
The trial is expected to last between eight and 12 weeks in total. 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.
The Pierce County Medical Examiner ruled Ellis' death a homicide. According to the autopsy report, Ellis also 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.