TACOMA, Wash. — A paramedic who treated Manuel Ellis at the scene in 2020 was called to the witness stand on Tuesday and jurors were shown Ellis' heart rhythm report from the night he died.
Three Tacoma police officers face charges in the death of Ellis, a 33-year-old Black man who died in police custody in March 2020.
Ellis died on March 3, 2020 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.
Another officer's actions
Tuesday began with a conversation about the spit hood that was placed on Ellis’ head during his arrest. Court documents state another Tacoma officer placed the hood on Ellis’ head, but he was not charged.
Although the prosecution argued that the three charged officers should still be held responsible since they were the ones that took Ellis into custody, the defense countered they shouldn’t be held responsible for another officer’s actions.
Ultimately, the judge sided with the defense.
“If I have handcuffs, and I never use them, and somebody else does, how am I responsible for their use of the handcuffs? Just because I have handcuffs, or know what they are?” asked Judge Brian Chushcoff.
'Ineffective' breathing and a weak, sporadic pulse
Lt. Nicholas Wilson, a 12-year veteran of the Tacoma Fire Department, told the court that he was called to the scene of South 96th Street and Ainsworth Avenue South just before 11:30 p.m., and arrived about seven minutes later.
Wilson testified that by the time he arrived, he could already tell that Ellis wasn't breathing.
"Just like I can sit up here today and look at you and watch your chest rise as you breathe and everybody sitting in the jury and everybody sitting in the courtroom. You can make an assessment of somebody's ability to maintain their own airway to breathe and their level of consciousness," said Wilson
"So even before you arrived at his side, you could tell Mr. Ellis didn't have adequate respiratory access?" asked Prosecutor Lori Nicolavo.
"Correct," Wilson responded.
Wilson also said his professional medical opinion is that Ellis died of cardiac arrest secondary to "excited delirium" (however, medical examiners are the only officials who can determine a person's official cause of death). 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.
Wilson described excited delirium patients as incoherent, violent or unable to be helped and agitated, adding that if a person endures physical exertion, the person could die "very abruptly, very quickly and without warning."
In Tacoma, Wilson said, the fire department often sees people in a state of excited delirium due to drugs or psychosis, but going into cardiac arrest in connection to it is not common. Someone Wilson initially spoke with on scene said they thought Ellis was suffering from excited delirium, Wilson said, which greatly impacts the level of care a patient is given to an "incredibly higher level of care."
"Despite our best efforts, this was the outcome," he said. When asked if he stands by his opinion, Wilson said, "I do, three and a half years later."
Wilson walked the juror through his actions once he arrived on scene to treat Ellis. Wilson said Ellis' breathing was "ineffective," but there were no obstructions in his airway and he had a weak and sporadic pulse.
After the handcuffs were removed, Ellis was given oxygen and then was mechanically ventilated, Wilson said. Medics applied an electrocardiogram (EKG) and saw Ellis had abnormal heartbeat rhythms, Wilson testified. Wilson walked the jury through a chart showing Ellis' heartbeats from around 11:34 p.m. to when CPR was started six minutes later.
His EKG report showed Ellis' heart was not beating consistently or adequately, Wilson said.
Wilson said when he arrived on scene, the officers were not doing CPR or any medical intervention on Ellis, and said he did not expect the officers to be doing so.
"They helped more than I would ever expect," Wilson said, adding that some officers help with CPR, which allowed the firefighters to continue more intensive medical interventions. "They helped immediately and we needed their help."
Wilson said he was not informed by anyone on scene that officers had applied pressure or been on top of Ellis' back during the confrontation.
Jury shown hobble restraint, scene photos
Later on Tuesday afternoon, jurors also heard from Jacqueline Franklin, a senior criminal investigator for the Washington State Attorney General's Office. Franklin was tasked with photographing the hobble used to restrain Ellis, which was shown to the jury in court.
Steven Mell, a forensic investigator from the Pierce County Sheriff's Department, also took the witness stand on Tuesday. Mell photographed the scene and various pieces of evidence in 2020. Photos shown in court include those of the police vehicle; Ellis' arms, legs and body while on the ground; Ellis' pants, which were stained more heavily on the front than the back; the spit hood used on Ellis; and the Taser probes and wires used to subdue Ellis.
Mell's testimony continues on Wednesday morning.
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.