During the entirety of the trial against three cops accused of killing Manny Ellis during a traffic stop, the defense has stood on the claim that Ellis died from the methamphetamine in his system. However, a few expert testimonies this week cast plenty of doubt on that argument.
Authorities previously reported that Ellis had an enlarged heart due to the meth in his system at the time of the incident but the experts testified that the actions of Officers Matthew Collins, Christopher Burbank and Timothy Rankine were the main contributions to the death.
The Pierce County Medical Examiner ruled Ellis’ death a homicide, noting he died of hypoxia (inadequate oxygen) due to being restrained by the officers. Videos show Ellis being pinned to the ground by his arms and legs by each officer and one kneeling on his back.
Expert #1: Forensic Pathologist
Dr. Roger Mitchell, forensic pathologist and former chief medical examiner, testified that he agreed with the findings of the county medical examiner. According to KUOW, Mitchell testified that though the methamphamine was a contributing factor to Ellis’ death, the police interaction was the main cause. He also said when diagnosing a drug overdose, as the defense allege was the cause of death, the report should be absent of injuries like those Ellis sustained.
“He has the level of methamphetamine, he has the dilated heart. He’s walking home at that point and the efficient, intervening cause is the violent altercation and subdual — it’s him being beat up that’s leading to his death,” Mitchell said. “The fight is what killed him.”
An attorney representing one of the officers responded, “He killed himself by resisting police officers.”
Expert #2: Forensic Audio Analyst
David Hallimore, forensic audio analyst and retired police officer with 37 years experience, testified this week on the videos and transcripts from the footage from the incident. Hallimore said Ellis voiced to the officers at least seven times that he couldn’t breathe while being restrained.
The defense argued to Hallimore’s testimony that it’s disputable whether any witnesses would have been able to hear the phrase, “I can’t breathe,” - or even the officers themselves. According to the Tacoma News Tribune, the officers told detectives they didn’t hear any signals of distress but instead growling and “animal-like noises” before Ellis stopped breathing.
The three officers are facing first-degree manslaughter charges for failing to intervene on behalf of Ellis’ cries for help, the report says. Collins and Burbank are facing an additional second-degree murder charge for unlawful detainment and assault.