TACOMA, Wash. — Jury deliberations will restart for the second time since the case of three Tacoma officers charged in the death of Manuel Ellis rested in court last week.
In the latest jury shakeup, a sitting juror tested positive for COVID, leading the court to call in an alternate. On Monday, a different sitting juror was unable to deliberate because of a sick family member, and deliberations restarted after an alternate juror took their place.
The proceedings have seen multiple juror swaps so far. Two jurors were excused in November, one who came down with COVID-19 and another who was experiencing transportation challenges. All four of the jurors who began the trial as alternates have become sitting jury members.
The court has lost nearly three days of deliberation time since the proceedings are forced to restart anew every time a new juror is seated. If the jury does not come to a verdict by Dec. 22, proceedings will rest until the new year.
For now, the jury has two potential alternates; the juror with a sick family member and the juror who just tested positive for COVID-19. Their status as an alternate is dependent on if they are able to report to deliberate at such a time they would be needed. However, if the court reaches a point where they don't have someone to make up for an absence, it could jeopardize the fate of the trial itself.
"If they lose enough jurors that they don't have twelve in the box, and the attorneys won't stipulate to accept less than that? New trial," said former Pierce County Prosecutor and KING 5 Analyst Mark Lindquist.
Jurors seated for the trial have been tasked with undertaking a months-long commitment, reporting to court daily and not speaking to friends, family, and for much of that time, even other jury members about what they were seeing throughout the trial.
The trial itself has gone on for weeks longer than expected. Initial estimates put the start of deliberations in early December. Now, the trial risks stretching into its third month.
What to know about the trial of 3 Tacoma officers
Manuel Ellis, a 33-year-old Black man, died in Tacoma police custody while handcuffed and hogtied on the night of March 3, 2020.
Officers Christopher Burbank and Matthew Collins are charged with second-degree murder and first-degree manslaughter related to Ellis' death. Officer Timothy Rankine is charged with first-degree manslaughter.
The former Pierce County medical examiner determined that Ellis’ death was caused by the “constellation of restraint methods” used against him by police. Ellis’ legs were tied together and connected to his hands, which were cuffed behind his back. A spit hood had also been placed over his head and one officer, Rankine, admitted to kneeling on Ellis’ back, pressing him into the ground.
Video taken by eyewitnesses to the confrontation between police and Ellis shows Collins throwing punches and Burbank aiming a Taser at Ellis’ chest while Ellis could be seen putting his hands in the air. Defense for the officers argued that eyewitness video, which was crucial in getting Ellis’ death investigated by the Washington State Attorney General’s Office, only showed a small part of the fight and did not capture the very beginning, where they allege Ellis was the aggressor.