Jury selection in trial of Tacoma officers charged with killing Manuel Ellis
What You Need to Know
- Manuel "Manny" Ellis, a 33-year-old Black man, died March 3, 2020, after a violent struggle and restraint by Tacoma police officers, who Ellis told, "I can't breathe."
- Officers Matthew Collins, Christopher Burbank and Timothy Rankine face felony charges in his death. All three pleaded not guiltyand they are being tried together.
- Jury selection began Sept. 18 in Tacoma, Wash. Race, publicity and views on police are top of mind going into week twoof voir dire questioning.
- The Walk Home, a national award-winning podcast from KNKX and The Seattle Times, goes deeper into the life and death of Manny Ellis and what led to this trial.
KNKX reporters Mayowa Aina and Jared Brown will be covering the trial along withPatrick Malone of The Seattle Times. Questions or comments about the trial? Contact us at outreach@knkx.org
Continue following KNKX's coverage of the trial
We're closing this blog but still covering the trial.
Find the latest updates on the trial of Tacoma officers charged with killing Manuel Ellis at knkx.org/tpdtrial.
Thank you for following KNKX! Support our independent, local news coverage by donatingor exploring other ways to give.
Jury selection set to conclude Monday, followed by opening statements on Tuesday
Attorneys concluded their questioning of jurors on Thursday afternoon, setting the stage for final seating on Monday morning.
No jurors were excused for bias on Thursday, only financial and scheduling hardships. Judge Bryan Chushcoff denied two motions from prosecutors to excuse people with strong ties to law enforcement.
One juror was a longtime King County Sheriff’s deputy who reviewed numerous use of force cases as a patrol supervisor. He also said he was sued in connection to a fatal car crash and was a witness to a man dying in restraints. The other juror was a relative of former Lakewood police officer, Skeeter Manos, who was convicted of stealing from a fund for the family of his four colleagues who were gunned down in a Parkland coffee shop in 2009.
Prosecutors argued the jurors had unique experiences that could taint their verdicts. But Chushcoff pointed to the jurors’ statements and said both people could decide the case fairly.
To get down to the final 12 jurors and four alternates on Monday, the defense and prosecution will each have 16 peremptory challenges to strike jurors from the pool without a reason. An objection can only be raised based on the appearance of racial discrimination. Several people of color remain in the predominantly white jury pool.
Opening statements have been scheduled for Tuesday morning.
Day 7 ends with judge refusing to excuse cop from jury pool
Attorneys trimmed 11 people from the jury pool with financial and scheduling hardships, but prosecutors failed to convince Judge Bryan Chushcoff to dismiss a veteran Bellevue police officer from the pool.
“I’ve made my ruling. I’m not reconsidering it,” Chushcoff told assistant attorney general Lori Nicolavo during a tense back-and-forth before ending court for the day.
After repeated questioning throughout Wednesday, Nicolavo argued the officer should be excused because he had personal experience with the tactics used by the charged Tacoma officers and watched videos of their struggle with Ellis multiple times.
“I saw what looked like a normal arrest of someone that’s resisting,” the prospective juror said in court.
Chushcoff said the prosecution was arguing to excuse the juror solely because he’s a police officer and compared it to discriminating against jurors who are people of color.
The juror initially raised concerns about how the public would view a not guilty verdict if a police officer was on the jury. He said he might have sympathy for the officers and a bias against the state’s case based on his experiences, but he also told attorneys he could look at the evidence “as it is.”
Other prospective jurors with strong connections to law enforcement also remain in the pool.
On Thursday morning, attorneys will question a retired, longtime King County Sheriff’s deputy and the relative of a disgraced, former Lakewood police officer, Skeeter Manos. Manos was convicted of stealing from a fund for the family of his four colleagues who were gunned down in a Parkland coffee shop in 2009. Prosecutors said the former King County deputy reviewed use of force complaints and in-custody deaths during his 27-year tenure.
Aspiring police officer among jurors excused on Tuesday
Attorneys questioned a second group of about 65 prospective jurors throughout Tuesday, prompting more than a dozen excusals, mostly for financial and scheduling hardships. Two people were dismissed due to concerns about their biases.
A 21-year-old woman said she has aspired to be a police officer since grade school and came to the conclusion that the officers’ actions in Ellis’ death were “very brutal.” She said she discussed the case with classmates in college criminal justice courses.
“I feel like I would be disappointed if they were found not guilty,” the woman said before her excusal. “I would feel like justice to the man this happened to wasn’t served.”
The court needs at least 48 prospective jurors to pass voir dire questioning before the defense and prosecution can begin using each of their 16 peremptory challenges to strike jurors from the pool without a reason. Twelve jurors and four alternates will be seated; 32 people remain from the first group of 65.
Attorneys can only object to a peremptory challenge if it appears the person was struck on the basis of race. Special prosecutor Patty Eakes has repeatedly noted the jury pool’s lack of racial diversity in court.
Eakes said Monday that there are just three people of color among the first 32 in line to serve on the jury. Two appear to be Black.
Of the new group questioned on Tuesday, at least 10 appeared to be people of color, five of whom appeared to be Black. One person of color was excused for a hardship. Jury selection is likely to run until Monday or Tuesday next week, according to Judge Bryan Chushcoff.
As jury pool dwindles, prosecutors note lack of racial diversity
The trial’s overwhelmingly white jury pool got even whiter on Monday morning after more questioning by attorneys. One woman of color was excused for a financial hardship, and another woman of color was excused after explaining that her work with students at the University of Washington Tacoma could influence her to vote guilty.
Of the first 30 people in line to serve on the jury, prosecutors say only three are people of color. Two appear to be Black. Special prosecutor Patty Eakes told Judge Bryan Chushcoff in court that she is concerned about the jury pool’s lack of racial diversity.
Race has long been a central question in the death of Ellis, a Black man, who was first approached by Collins and Burbank, both of them white.
In the afternoon, questioning of potential jurors turned toward methamphetamine use and mental health issues. Ellis struggled with both for years and was in treatment when he died.
Several jurors described family members who had similar experiences with addiction, self-medication and stumbling on the road to recovery.
Defense attorneys say Ellis died of a methamphetamine overdose after attacking the officers.
About 30 people remain in the first group of 65 potential jurors questioned by attorneys. A second group of 65 will report to the courthouse for questioning on Tuesday morning.
Jury selection is scheduled to be completed by early next week, followed by opening statements from attorneys.
Reporters Mayowa Aina and Jared Brown share details and context about the trial
Reporter Mayowa Aina spoke with NPR's All Things Considered about the trial, providing background on the case, placing it in context with other officer-involved deaths around the country, and discussing what to expect from the trial in the coming weeks. Listen to her interview with All Things Considered Host Scott Detrow here.
Reporter Jared Brown recently appeared on KUOW's Seattle Now to discuss the case. Brown talked with KUOW's Patricia Murphy about the racial demographics of the jury pool so far, and the precedent the case could set for police accountability in the state. Listen to his interview here.
Here’s where jury selection stands after day 4
After four days of jury selection, 29 prospective jurors have been excused from a partial pool of 65. Attorneys will continue questioning that group on Monday and then call in a second slate of 65 prospective jurors on Tuesday morning.
Judge Bryan Chushcoff said at least 48 prospective jurors are needed following voir dire questioning to be sure a jury of 12 with four alternates can be seated. At that point, the prosecution and defense will each have 16 peremptory challenges to strike people from the pool without stating a reason. Attorneys and the judge can only object to a peremptory challenge based on intentional racial discrimination or the objective appearance of it.
Attorneys spent most of Thursday weeding out prospective jurors with hardships. In the afternoon, defense attorneys asked them about their views on racial profiling. The jurors agreed such profiling happens but few elaborated on their beliefs.
One man, who identified himself as Black, talked about his fears walking in public with a former girlfriend’s child, who was white. He said he has not experienced racial profiling by police and has had positive experiences with law enforcement, particularly while working as a security officer. Earlier in the day, he told attorneys one reason he wants to be selected for the trial is “jury diversity.” He would be seated on the jury as it stands. The rest of the group in the room on Thursday appeared to be predominantly white.
The court is recessed until Monday when voir dire questioning will resume.
Jury excusals total 21 midway through day 4
Two more prospective jurors were excused before the lunch break on Thursday. A woman said she’d learned too much about the case from The Walk Home to be an impartial juror. And a man raised a previously undisclosed scheduling conflict with an upcoming trip to see an ailing relative.
A total of 21 prospective jurors have been excused from the partial jury pool of 65 that has undergone questioning this week. A second group of 65 people could be called back to court if a jury of 12 and four alternates can’t be selected from the first group.
The voir dire process will resume at 1:30 p.m.
Two more jurors excused for bias after lengthy questioning
Six prospective jurors were excused for financial and work hardships on Thursday morning, and two more were excused for bias toward the prosecution following lengthy individual questioning by attorneys.
One man told attorneys he’s “tried to keep current” on the case through news reports and has attended demonstrations featuring Ellis’ family members and their supporters. “There’s an emotional connection for me,” he said. “Obviously the family’s pain was very raw.”
A second man told attorneys he felt pressure from both sides of the courtroom, but still felt he could be an impartial juror and would “treat this very seriously.” He said his family is “very law enforcement heavy” and “if I were jurors that put cops in jail, I would probably cease to have relationships with family.” On the other hand, he said he feels Ellis’ death was preventable and that his social circle would want him to bring justice to the Ellis family with a guilty verdict.
Judge Bryan Chushcoff said the man’s opinion about Ellis’ death being preventable meant, “He’s already prejudged an aspect of this case.” He emphasized Ellis’ cause of death as “the issue in this case.”
Voir dire will continue with more individual questioning after a short recess.
Editor's note: This post was updated to correct the number of hardship excusals on Thursday morning from five to six.
Who are the officers on trial?
For the first time, the Washington Attorney General's Office has criminally charged police officers for the unlawful use of deadly force.
Tacoma Police Officers Christopher Burbank and Matthew Collins are charged with second-degree murder and Timothy Rankine with first-degree manslaughter. All three pleaded not guilty and they are being tried together. The officers have declined interview requests. Defense attorneys maintain that the officers were doing their
jobs and Ellis died from a methamphetamine overdose.
All three officers have been on paid leave since 2020, and will remain on paid leave at least through the duration of the trial. Here's what we know about their professional histories from public records and court documents that KNKX and The Seattle Times reviewed for The Walk Home. Misconduct allegations and defendants' prior "bad acts" not directly related to a criminal case are generally not admissible at trial.
Christopher "Shane" Burbank, 38
Burbank has pleaded not guilty to second-degree murder and first-degree manslaughter. For someone with no prior criminal history, the standard sentences are about 10 to 18 years and about 6 to 8 years in prison, respectively.
Burbank, who is white, has been with the Tacoma Police Department since 2015. He served in the U.S. Army for eight years and earned an Army Commendation Medal. He worked as a police officer in Winston-Salem, North Carolina, before coming to Tacoma. He is the only defendant with experience as a police officer before coming to Tacoma.
Burbank was the subject of 16 internal investigations in North Carolina, including 10 involving injuries to civilians and three driving-related incidents. The other complaints included racial profiling, wrongful arrest and conducting an incomplete investigation.
In all 16 instances, he was cleared of wrongdoing, except for one of the car crashes where he was deemed to be at fault. Records from the Tacoma Police Department don’t show any complaints about his use of force.
Burbank was one of two officers who first encountered Manny Ellis. Burbank told investigators that prior to the physical altercation, Ellis threatened to punch him in the face. Burbank said he used the door of the police vehicle to hit Ellis because he believed Ellis was about to attack his partner, Officer Matthew Collins. According to charging papers, Burbank lifted Ellis up and slammed him into the pavement. He also fired taser probes into Ellis' chest.
Matthew Collins, 40
Matthew Collins has pleaded not guilty to second-degree murder and first-degree manslaughter. For someone with no prior criminal history, the standard sentences are about 10 to 18 years and about 6 to 8 years in prison, respectively.
Collins, who is white, has been with the Tacoma Police Department since 2015. He served in the U.S. Army for seven years and was an Army Ranger. Charging documents say he was also trained in grappling martial arts and taught classes on defensive tactics. Tacoma Police Department records show he has no prior disciplinary history.
Collins and his partner Burbank were the first to encounter Ellis. He told investigators he called out to Ellis on patrol after he saw him grab at the door handle of a car in the intersection. During the struggle, Collins told investigators Ellis picked him up and threw him on his back. He claimed Ellis had “superhuman strength.” A video taken by a pizza delivery driver shows Collins put Ellis in a chokehold.
Timothy Rankine, 34
Timothy Rankine has pleaded not guilty to first-degree manslaughter, which carries a standard sentence of 6 to 8 years in prison for someone with no prior criminal history.
Rankine, who is Asian-American, has been with the Tacoma Police Department since 2018. Rankine served in the U.S. Army as an infantryman where he earned a Purple Heart. Charging documents say he took a combat lifesaving course while in the army. Tacoma Police Department records show he has no prior disciplinary history. The Seattle Times reports two civil lawsuits against the city of Tacoma alleging excessive force stemming from Rankine's actions on duty.
Rankine arrived at the scene as backup after hearing Burbank call out his location on the radio. He told investigators he “was thinking the worst, that Officer Burbank and Officer Collins were most likely dead or shot.” Rankine put his body weight on Ellis' back while he was on the ground to help restrain him. He was the only officer to tell investigators that he heard Ellis say he couldn’t breathe. He said he told Ellis, “If you’re talking to me, you can breathe just fine.”
Listen to an episode of The Walk Home about the officer’s histories.
Listen to an episode of The Walk Home about what the officers initially told investigators.
Editor's note: This story has been updated to clarify the name of the medal earned by Burbank.
Seattle Times reporter Patrick Malone contributed to this story.
Here's where the jury pool stands after three days
Three days into jury selection, 11 people have been excused from the jury pool, including two people who had strong opinions about whether or not the officers are guilty.
One man said he read through many of the court filings online last week while trying to find information about jury duty on the county website. He told attorneys, “I would have a hard time believing some of the evidence that the state has.”
And after listening to KNKX’s podcast about the case, The Walk Home, last year, one woman told attorneys, “I think the officers murdered that man (Ellis).”
Some of the prospective jurors who remain in the pool told attorneys during questioning that they have concerns about how their verdict could impact their friendships, the safety of their families and the broader community.
Around a dozen jurors indicated they’d previously consumed news coverage about the case. Some said they don’t pay attention to the news, and others said they actively avoid it. Several said they believe media coverage is biased and agenda-driven.
“I just happened to turn on the news and all of a sudden there it was,” one juror said about seeing local TV coverage of the case at home on Tuesday night. Later she added, “I know the media lies.”
The voir dire process will continue Thursday.
After several juror excusals, attorneys begin voir dire questioning
Five more people were excused from the jury pool on Wednesday morning, for a total of seven excusals. Two people did not show up to court and two were excused for medical issues.
A fifth prospective juror said he reviewed court filings last week while looking up information about jury duty and may have made up his mind about the case.
“I would have a hard time believing some of the evidence that the state has,” the man said in court after the rest of the jury pool left the room.
Judge Bryan Chushcoff agreed with prosecutors that “his impartiality has come into question.”
Prosecutors and defense attorneys have begun taking turns questioning the 58 people remaining in the partial jury pool present at the courthouse. The process of questioning prospective jurors about their biases is known as voir dire.
An additional 65 people could be called back to court if a jury of 12 and four alternates can’t be selected from the first group.
Meet the KNKX reporters covering this trial
KNKX reporters Mayowa Aina and Jared Brown are covering the trial of three Tacoma police officers charged in Manuel "Manny" Ellis' death.
KNKX delivers NPR and Northwest news from our studios in Seattle and Tacoma. Since 2020, the KNKX News team has been covering Ellis' case, part of our commitment to serve Tacoma and the South Sound region.
"And because we have also prioritized stories about police accountability and racial justice," said KNKX News Director Florangela Davila.
Mayowa grew up in Tacoma and moved back in 2021 after two years at Alaska Public Media. A graduate of the University of Washington, Mayowa started her public radio career at KUOW and was a NPR Kroc Fellow. She also contributes to national NPR programs like Life Kit. At KNKX, she reports and produces special projects, as well as covering cost-of-living and affordability issues in Western Washington.
Jared spent most of his childhood in Olympia and moved back to Washington to study journalism at Gonzaga University. A current Poynter-Koch Media and Journalism Fellow, he joined KNKX to cover the intersections of policing, courts and power, with a focus on accountability and solutions. Jared previously covered courts and law enforcement for The News Tribune in Tacoma and The Spokesman-Review in Spokane.
Watch for Mayowa and Jared's stories from the courtroom and the community on this page and elsewhere on KNKX.org. Listenfor their updates weekdays during Morning Edition and All Things Considered.
Mayowa and Jared are also part of the team bringing you new episodes of The Walk Home as the trial unfolds.
The Walk Home, a national award-winning podcast produced by KNKX and The Seattle Times, premiered in 2022. This narrative podcast profiles Ellis' life, investigates the conflicting reports of how he died and explains how it brought a reckoning to Tacoma and Washington state.
The anticipated trial timeline
Washington State Attorney General Bob Ferguson charged the three Tacoma police officers on May 27, 2021. More than two years later, and three years since Manuel Ellis' death, the officers' trial began Monday with pre-trial motions and the first stages of jury selection.
This trial is expected to take 2-3 months but many factors can impact the duration. The trial is being held in the County-City Building in downtown Tacoma, Monday through Thursday each week.
Here's an anticipated timeline:
- Sept. 18 - Sept. 28: Jury selection
- Oct. 2: Projected opening statements
- Dec. 4: Anticipated first day of juror deliberation.
Jury selection will not be livestreamed but a livestream will be available for other courtroom proceedings. More information is available at piercecountywa.gov/trial.
Jury selection continues Wednesday with largely white pool
Jury selection ended for the day shortly after 4 p.m. Out of the partial pool of 65 jurors, at least six appear to be people of color; two appear to be Black. No one self-identified their race during the limited questioning so far.
Defense attorneys motioned to dismiss one of the Black jurors for misconduct because he posted on social media Monday morning about being called for jury service. Judge Bryan Chushcoff disagreed and denied the motion.
While arguing against this potential juror’s dismissal, special prosecutor Patty Eakes noted the lack of racial diversity in the first half of the jury pool.
“Frankly, there are a limited number of minorities in this pool,” Eakes said.
Two potential jurors were dismissed this afternoon. One person had a medical hardship, while the other said his brother was recently killed by police and he became too emotional to finish the jury questionnaire on Monday.
A second group of 65 potential jurors could be called back to court if 12 jurors and four alternates cannot be selected from the first group. About 150 people were called for the jury pool overall.
Jury selection will resume at 9 a.m. on Wednesday.
Ellis family members excluded from watching jury selection
Ellis’ sister and mother, Monét Washington and Marcia Carter, came to the courtroom for jury selection Tuesday afternoon, but the defense attorneys objected because they are witnesses in the trial. Judge Bryan Chushcoff agreed that hearing the jury questioning could impact their trial testimony.
Chushcoff made a similar ruling yesterday about opening statements. Washington and Carter won’t be allowed in the courtroom until both the prosecution and defense are done questioning them on the witness stand.
About 65 jurors entered the room just before 2 p.m. Jury consultant Richard Gabriel is sitting with prosecutors from the Attorney General’s Office.
Defense attorneys respond to allegations against officers
Brett Purtzer, a lawyer representing Christopher Burbank, told the Associated Press that the Ellis family’s allegations that officers “tortured” Ellis are “false” and “absurd.”
Casey Arbenz, an attorney for Matthew Collins, told KNKX recently that he views the case as a “drug tragedy” where the officers were doing their duty to protect the public and each other. He said Collins and Burbank stepped away from Ellis before he became unresponsive, and then died.
Celebrity attorney Anne Bremner, who represents Timothy Rankine, told KNKX in a statement that Rankine followed his training and was attentive to Ellis’ condition. She said Ellis’ death was caused by the large amount of methamphetamine in his system combined with pre-existing medical issues and the stress of the struggle with officers.
Jury selection continues
Attorneys spent the morning reviewing about 150 questionnaires that the jury pool filled out on Monday. Aside from demographic and scheduling questions, the jurors were asked about their political views, experience with law enforcement and prior knowledge of the case.
In this section, jurors answered with their agreement or disagreement on a scale of 1 to 4:
- Discrimination is worse than the media makes it out to be
- There is not enough political correctness or “wokeness” these days
- Police in this county treat everyone equally
- Police in my community make me feel safe
- The media is overly positive toward the police these days
- Because law enforcement officers have such dangerous jobs, it is not right to second guess decisions they make while on duty
- People today do not give law enforcement officers the respect they deserve
- In general, the police are underfunded and should receive more funding
- Government officials are too critical of police officers these days
- The State has too much power
Attorneys will begin questioning a group of about 65 jurors in the courtroom at 1:30 p.m.
Manuel Ellis' family, attorney James Bible speak out as trial begins
The Ellis family released a statement about the trial through their attorneys on Monday evening.
“Our hope is that today, September 18, 2023, will help mark a turning point in the history of our country in favor of truth and justice,” said part of the statement from Manny Ellis’ siblings Matthew Ellis and Monét Washington, formerly Carter-Mixon.
“We believe that Manny was tortured to death, and before his body had even turned cold the Tacoma police began their campaign to slander their victim and obstruct justice. Powerful people have supported them at every step of the way,” the statement said.
Attorneys James Bible, Matthew Ericksen and Stephen Dermer are representing the Ellis family in a civil lawsuit against the city of Tacoma. The family previously settled claims against Pierce County for $4 million.
Outside of court on Friday, Bible told KNKX that he believes Tacoma city attorneys are “colluding” with the defense attorneys for the officers. City attorney Michelle Yotter had just argued on behalf of the firefighters who have refused to meet with the Attorney General’s Office since spring 2021 about the medical treatment they gave Ellis.
“What you typically see in a criminal case is law enforcement, fire department officials and the like actually participating with the prosecutorial authority in assisting with the information may have,” Bible said in an interview.
“We don't actually have that present in the Manuel Ellis case. I think that it is heartbreaking to acknowledge that the level of collusion that seems to be present in the city of Tacoma reaches remarkably high levels.”
Listen: The Trial Ahead
In the latest episode of The Walk Home, KNKX's Jared Brown and Mayowa Aina discuss who is representing the officers and the state, the anticipated arguments, and the witnesses that may be called. They also spoke with members of the Ellis' family about reaching this moment, after years of advocacy and multiple trial delays.
Listen below or wherever you get your podcasts. The Walk Home is a national award-winning podcast from KNKX and The Seattle Times. Learn more at thewalkhomepodcast.org.
Jury selection begins in trial of Tacoma police officers charged with killing Manny Ellis
Jury selection began this morning with the pool of about 150 people going through an orientation program, being sworn in and filling out a long questionnaire.
The pool is larger than normal – as well as too big to fit in the courtroom – because of the high-profile nature of the case.
About half of the group will return to the courthouse on Tuesday afternoon to be questioned by attorneys about family and financial hardships related to jury service, as well as biases that would prevent them from rendering an impartial verdict.
Defendant officers Matthew Collins, Christopher Burbank and Timothy Rankine were present in the courtroom Monday morning for final pre-trial motions before Judge Bryan Chuschcoff. Collins and Burbank have pleaded not guilty to second-degree murder and first-degree manslaughter. Rankine has pleaded not guilty to first-degree manslaughter.
Among his rulings, Chushcoff confirmed that members of Manny Ellis’ family who are expected to be called as witnesses won’t be allowed in the courtroom until their testimony is complete. Ellis’ mother, Marcia Carter; younger sister, Monét Washington; and older brother, Matthew Ellis, had asked for an exception for attorneys’ opening statements in early October. Washington is a key witness because she uncovered eyewitness video of Ellis’ struggle with Tacoma police, bringing national attention to the case.
The trial is projected to last into December.