TACOMA — Three Tacoma police officers acquitted Thursday of criminal charges in the death of Manuel Ellis, whose last words were, “I can’t breathe,” will soon learn whether they’ll face internal discipline.
When testimony in the 10-week trial wrapped up Dec. 6, Tacoma Police Department Internal Affairs resumed its investigation into the officers’ conduct and expected to finish that probe Friday, the department said in a statement soon after the verdicts were announced.
Officers Matthew Collins and Christopher Burbank were found not guilty of second-degree murder, and Timothy Rankine was found not guilty of first-degree manslaughter in the March 2020 death of Ellis, a Black man. The officers, two of whom are white and another who’s Asian American, were also cleared of lesser charges in a case that drew parallels to the killing of George Floyd and raised questions about police accountability.
The internal investigation would not be affected by the verdicts but would include the officers’ testimony during the trial, according to the police department.
“Although the criminal trial ultimately resulted in not guilty verdicts, TPD is committed to finalizing its own investigation for administrative completeness regarding potential use of force and courtesy violations,” the department said.
The investigation’s results will be reviewed by Police Chief Avery Moore, who will decide on potential discipline, which could include termination. Based on the time frame for Moore to make those decisions — within 10 days of the verdicts — it would appear that decisions will be rendered by the end of the year.
By law, Moore must hold pre-disciplinary hearings, which require a 72-hour notice, if any discipline enacted would have financial implications for the officer or officers on the receiving end, the department said.
Moore may make any final disciplinary decisions, following those hearings, by early January, or within two weeks of the verdicts. The department said that he would share the outcome with the public.
The officers have been on paid leave since they were charged and arrested in May 2021.
Speaking to reporters following the verdicts, attorney Wayne Fricke, who represented Burbank, said he’d be surprised if his client wanted to return to law enforcement and suggested that if any of the officers did, it would be with other agencies.
In December 2021, two officers involved in Ellis’ death, but not charged with a crime, were exonerated of violating any department policies following a months-long internal investigation.
The News Tribune in July requested all city records related to the internal investigation into the five officers, and so far 73 files have been released to the newspaper, with further records expected to be handed over in January.
