Manuel Ellis: Three officers charged in killing of man who said ‘I can’t breathe’ before dying in police custody

A medical examiner’s report found the man died from oxygen deprivation caused by his restraints

FILE - A protester carries a flag that reads "Antifascist Action" near a banner that reads "Justice for Manny," during a protest against police brutality in this Jan. 24, 2021 file photo in downtown Tacoma, Wash., south of Seattle. On Thursday, May 27, 2021, the Washington state attorney general filed criminal charges against three police officers in the death of Manuel Ellis, a Black man who died after telling the Tacoma officers who were restraining him he couldn't breathe. (AP Photo/Ted S. Warren, File) (AP)

Three Tacomapolice officers have been charged in the March 2020 killing of Manuel Ellis.

Mr Ellis, 33, was a Black man who police restrained as he was walking home from a corner store last year. He died in their custody.

The Seattle Times reported that Mr Ellis' death was ruled a homicide by the Pierce County Medical Examiner, who found evidence of oxygen deprivation caused by physical restraint as the primary cause of death.

The officers charged in connection with Mr Ellis's death are Officers Matthew Collins, 38, Christopher Burbank, 35, and Timothy Rankine.

“Ellis died during the course of and in furtherance of Burbank and Collins’ felonious assault and/or unlawful imprisonment of Ellis,” prosecutors wrote in the charging document.

Mr Rankine has been charged with first-degree manslaughter, while Mr Burbank and Mr Collins have been charged with second-degree murder. Mr Ellis reportedly told officers “I can’t breathe” while he was restrained, which prompted comparisons between his death and that of George Floyd last year.

It is rare in Washington state for police officers to face charges for deaths caused during the course of a police interaction. In the last 40 years, only three officers have faced charges for killing someone while on the job.

Following Mr Ellis’ death, the three officers, as well as Officer Masyih Ford, 29, were placed on immediate leave. The officers returned to work two weeks later, but were suspended with pay again last June after the medical examiner’s report became public.

The officers claimed Mr Ellis was acting threatening to them, but witness testimony and video from the scene later undermined their claims.

Governor Jay Inslee eventually intervened in the sheriff’s investigation of the death, handing the probe over to the Washington State Patrol.

In December, that investigation revealed that Officer Armando “Manny” Farinas, 27, put a nylon spit guard on Mr Ellis’ head while he was handcuffed and hogtied.

Mr Farinas was put on leave after the medical examiner determined the spit guard contributed to Mr Ellis’ death.

The medical examiner described the spit guard as “a significant factor, and possibly the most important factor” in the killing.

Protests over Mr Ellis’ death broke out in the wake of the revelations, and the man’s family is suing Tacoma for his death for $30m.

If convicted, Mr Burbank and Mr Collins could face up to life in prison. Mr Rankine could face between 6 1/2 and 8 1/2 years in prison.