Three Tacoma Officers Charged In Death of Black Man Who Was Hogtied With A Spit Mask

On May 27, Washington State Attorney General Bob Ferguson stated that three Tacoma policemen have been charged in the death of a Black man who died while being restrained in March 2020.

In Pierce County Superior Court, Christopher Burbank and Matthew Collins were charged with second-degree murder and Timothy Rankine with first-degree manslaughter in the death of Manuel Ellis, 33, who died during an encounter with police late on the night of March 3 while walking home from a church revival. His final words, “I can’t breathe,” came months before George Floyd died.

Both counts carry a potential life sentence in prison, but the typical range for second-degree murder is 10 to 18 years in prison. In comparison, the typical range for first-degree manslaughter with no prior criminal history is 6.5 to 8.5 years.

This is the first time the Washington Attorney General’s Office has filed a criminal complaint against a police officer for using excessive force. The decision to charge comes after the Washington State Patrol passed the matter over to the Attorney General’s Office in November for evaluation.

Masyih Ford and Armando Farinas, two other police involved in the detaining, have not been charged.

On Thursday, all three policemen surrendered and pled not guilty to the allegations before being freed on bond on Friday afternoon.

Ellis’s deadly police interaction began about 11:11 p.m. when he drove home following a stop at a convenience shop to get water and donuts after church.

According to Burbank and Collins, he was seen clutching the handle of a slow-moving vehicle; when the police asked him why he was on the street, Ellis allegedly approached the police car and hit the window three times.

According to prosecutors, witnesses in the vehicle behind the policemen, however, refuted the assertion that Ellis punched the windshield, recalling a “peaceful, apparently respectful conversation, with no signs of aggression from Ellis.”

When Ellis attempted to leave, Burbank exited the patrol vehicle and collided with him, knocking him to the ground as Collins exited the driver’s side. Burbank claims that when he saw Ellis adopt a “fighting stance,” he hit him with the door to divert his attention.

Witnesses say that Burbank then allegedly jumped on top of Ellis as Collins ran around the truck towards the two.

The cops then claimed that Ellis used “superhuman strength” to take Collins by his vest and throw him to the ground, even though he weighed 230 pounds with his gear.

Witnesses began filming the encounter at this point, despite the police’ knowledge. According to the charging documents, the video shows Burbank lifting Ellis into the air and then driving him to the ground.

During the battle to arrest Ellis, Collins attempted to place a neck restraint on him, while Burbank used his Taser and then called for backup. Collins is seen punching Ellis four times in the head on video.

Ellis was tased twice before being laid on his stomach by Ford, Rankine, and other cops who came on the scene. After Ellis stated he couldn’t breathe, Rankine put his weight on the center of his back.

The battle lasted about four minutes, during which Ellis was hogtied and put in a spit mask. According to witnesses, Ellis did not appear to fight back, and footage of the event “does not show Ellis attempting to strike the officers at any point.” Collins had him in a neck restraint at one point, even when he was lying on the ground with his hands raised.

He said, “Can’t breathe, sir, can’t breathe.” Rankine replied,  “If you’re talking to me, you can breathe just fine.”  For another six to nine minutes, Ellis was hogtied and face-down.

He was pronounced dead by the time firefighters came to assist him.

Ellis’s death was declared a homicide by the Medical Examiner’s Office. The spit mask was “a significant factor, and possibly the most important factor” in his death from oxygen deprivation.

The spit mask was placed on Ellis by Farinas, who was not charged. The mask’s instructions state that it should not be worn by anyone who is having difficulty breathing.

Contributing variables were methamphetamine and heart problems.

After his death was ruled a homicide in June, Burbank, Collins, Ford, and Rankine were placed on administrative leave, while Farinas was placed on leave in January after determining that he placed the spit mask on Ellis. Lt. Gary Sanders, who restrained Ellis’s leg, was never given a leave of absence.

Interim Police Chief Mike Ake said an internal investigation into whether any of the five officers involved violated departmental regulations will begin immediately.

Following the decision to charge the officers involved, his family expressed a desire for more reform.

“Yes, these three officers are getting charged. Hopefully, we see them in jail,” said Monet Carter-Mixon, Manny Ellis’ sister. “It’s hard for me to be happy, hard for me to celebrate because so many things are still being overlooked.”