One of the three former Tacoma police officers cleared of criminal charges in the 2020 death of Manuel Ellis — a Black man who was shocked, beaten and restrained facedown on a sidewalk as he pleaded for breath — has been hired by a neighboring sheriff's office.
The Thurston County Sheriff's Office, based in Olympia, Washington, announced on their official social media page that they had hired Christopher Burbank as a patrol deputy.
Burbank, along with Timothy Rankine and Matthew Collins, were acquitted of criminal charges by a Pierce County jury in December. Rankine faced manslaughter charges, while Collins and Burbank were charged with manslaughter and second-degree murder.
Defense attorneys argued that Ellis died from a lethal amount of methamphetamine and a heart condition, not due to the officers' actions. However, the Pierce County Medical Examiner classified the death as a homicide, attributing it to a lack of oxygen during the physical restraint.
Attorney Matthew Ericksen expressed the shock and sadness of Ellis' family regarding Burbank's hiring. The U.S. attorney's office in Seattle is still examining the case, potentially leading to federal civil rights violation charges, while a wrongful death lawsuit is currently in progress.
"There is strong evidence in the Ellis case, including but not limited to the cell phone videos, that should be very concerning to any reasonable person," Ericksen said in an email Tuesday. "It is not in dispute that Mr. Burbank tased an unarmed person 3 times. Mr. Burbank even used his taser while Manny was being choked out by another officer."
Like many law enforcement agencies nationwide, the Thurston County Sheriff's Office has struggled with understaffing; the Facebook post announcing the hire noted that Burbank would "provide immediate relief in our patrol division."
Sheriff Derek Sanders said in an emailed statement Tuesday that Burbank underwent a two-month background check, including a polygraph. Sanders stressed that his office has strived to improve its crisis response by incorporating mental health co-responders, adding that dashboard and body-worn cameras help provide transparency.
"While acknowledging the distressing nature of the events in Tacoma four years ago, we want to emphasize that Deputy Burbank has been cleared of any wrongdoing both by Tacoma PD, Pierce County Prosecutor's Office and a jury trial," Sanders said.
Ellis, 33, was walking home with doughnuts from a 7-Eleven in Tacoma, about 30 miles south of Seattle, on March 3, 2020, when he passed a patrol car stopped at a red light, with Collins and Burbank inside.
The officers claimed they saw Ellis try to open the door of a passing car at the intersection and he became aggressive when they tried to question him about it. Collins testified that Ellis demonstrated "superhuman strength" by lifting Collins off the ground and throwing him through the air.
However, three witnesses gave contradicting testimonies, claiming they saw no such incident. Following a brief exchange between Ellis and the officers, who were both white, Burbank, seated in the passenger side, abruptly opened his door, causing Ellis to fall. Rankine, who arrived after Ellis was already restrained face-down, pressed on his upper back.
The witnesses, one of whom shouted for the officers to cease their assault on Ellis, and a doorbell surveillance camera recorded segments of the altercation. The footage depicted Ellis with his hands raised in a surrendering gesture as Burbank discharged a Taser at his chest and Collins wrapped an arm around his neck from behind.
This tragedy occurred nearly three months prior to the murder of George Floyd by Minneapolis police, an event that triggered global condemnation of police brutality.
An investigation by the Tacoma Police Department concluded that the officers did not breach the use-of-force policy in place at the time—although it was later revised—and the three officers each received $500,000 to resign.
Pierce County, where Tacoma is located, settled its share of a federal wrongful death lawsuit filed by the family for $4 million. The lawsuit against the city is still ongoing.
This trial marked the first instance of prosecution under a state law enacted five years ago to facilitate the legal action against police officers accused of unjustly resorting to lethal force.