Lawyers for three Washington state police officers charged in the 2020 death of a Black man told the jury Tuesday that his death was the result of drug use, not excessive force that included officers choking, shocking and holding him facedown.
Manuel Ellis was addicted to methamphetamine, and it caused him to be violent, unpredictable, and paranoid, said Wayne Fricke, who represents Tacoma police Officer Christopher Burbank.
"This is a situation where he created his own death," Fricke said during closing arguments in the officers' nine-week trial on murder and manslaughter charges. "It was his behavior that forced the officers to use force against him because he created a situation that required them to act."
Fricke's remarks followed closing arguments by special prosecutor Patty Eakes, who urged the jury to compare the officers' statements with videos and witness testimony to determine the officers' credibility. Eakes is prosecuting the case on behalf of the Washington Attorney General's Office.
Ellis's Death and Trial of Officers
Ellis tragically passed away on March 3, 2020, almost three months prior to the incident involving George Floyd that led to widespread protests against police brutality. This trial marks the first instance of officers being charged in connection with a suspect's death since a 2018 measure eliminated the need for prosecutors to prove malice on the part of the police.
Two officers from Tacoma, Washington, namely Burbank (38) and Matthew Collins (40), have been charged with second-degree murder and manslaughter. Timothy Rankine (34) is facing charges of manslaughter.
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"I never heard him say I can't breathe. Nope," said Collins.
"I remember he was bucking around," recalled Rankine. "He said I can't breathe but in a very calm, just everyday voice."
Collins' lawyer, Jared Ausserer, also gave his closing arguments on Tuesday. Rankine's lawyer was expected to do so Wednesday. The prosecution will then have one more chance to address the jury before it begins deliberations.
"Do you trust the video?"
Eakes played audio clips of the officers' statements and compared them with video and witness testimony to show that they contradicted each other.
Collins stated that Ellis grabbed him by his vest, lifted him off his feet and threw him into the street like a child, despite the fact that he weighs about 230 pounds with his gear on, Eakes said.
But none of the witnesses saw that happen and it's not on the videos, she said.
"Is it believable anyway?" Eakes asked. "I suggest to you it's not. This isn't a comic book."
Collins also claimed that, as he held Ellis to the ground, he feared he might be alone in trying to control the suspect because he couldn't see Burbank nearby. But Eakes played a video and displayed screenshots clearly showing Burbank standing right in front of Collins the whole time.
Burbank made similar claims in his statement to investigators. He said Ellis hit him in the mouth, using "wild strikes," and claimed Ellis was "assaultive" the entire time.
But the videos show Ellis' legs never moved while he was on the ground, with Collins on his back, placing him in a chokehold. They also show his hands in the air, with his palms in "a surrender-type position," Eakes said.
The officers' statements were contradicted by six witnesses, she said.
"They make Mr. Ellis out to be violent in ways you don't see on the video," Eakes said. "Why? They're justifying the use of force that you can see happened in that video. Do you trust the video? Do you trust what the eyewitnesses say?"
Lawyers Argue Officers Acted Appropriately in Controversial Arrest
Lawyers representing the officers involved in a controversial arrest have argued that the videos and witnesses presented in court are flawed, and that the officers acted appropriately.
One of the key witnesses, Sara McDowell, who recorded part of the incident on her phone, can be heard yelling "Just arrest him" in the video. The defense attorney, Fricke, questioned why McDowell would say this if there was nothing to arrest the suspect for. Fricke also suggested that something had happened before the video started recording, and that the officers were justified in their actions to make an arrest when the suspect began resisting.
Fricke further argued that Burbank, one of the officers involved, acted in accordance with his training and the facts of the situation. He expressed sadness over the suspect's death but emphasized the importance of not convicting innocent people.
In his closing argument, Collins' attorney, Ausserer, urged the jury to question the credibility of the witnesses, including McDowell, who recorded one of the videos.
During a recent press conference, a lawyer representing the officers involved in the controversial case questioned the timing of a witness's testimony. "If she was so upset, why did she wait three months to come forward?" he asked. Additionally, he raised suspicions about the malfunctioning of two phones that recorded crucial videos after their owners met with the family's lawyer.
The lawyer argued that the officers cannot be found guilty of felony murder as no felony was committed by them. He claimed that the officers had made a lawful arrest, citing the assault committed by the deceased when he punched the patrol car window and his subsequent resistance to arrest.
"If there was probable cause, there is no felony and we're done," the lawyer stated. "The tragedy of his death doesn't make the actions of Officer Collins criminal."
