A Renton police training sergeant testified Thursday that three Tacoma police officers on trial for the death of Manuel Ellis did not use an inappropriate level of force in their encounter with Ellis.
Chris Nielsen has worked as a law enforcement officer for nearly 13 years, and he previously worked as an attorney for the King County Prosecuting Attorney's Office. He was retained as a use-of-force expert by defense attorneys to offer his opinion on whether the actions of officers Christopher Burbank, Matthew Collins and Timothy Rankine were appropriate.
Nielsen didn't have time to discuss the specific actions of each officer before court broke for the day. He said there were several different progressions of force, and broadly, they were reasonable.
Ellis, 33, died the night of March 3, 2020, after encountering Burbank and Collins in Tacoma's South End. How the encounter began has been in dispute, but Ellis first interacted with those two officers, who arrived at the intersection of 96th Street and Ainsworth Avenue in a patrol car while Ellis walked home from a convenience store.
Eyewitnesses testimony and cell phone videos showed that Collins struck Ellis with fists or elbows and briefly put him in a headlock. Burbank shot him with a series of Taser shocks, and Ellis was pressed to the ground face down with weight on his back until Rankine arrived with his partner. Rankine later told investigators that he put all of his weight on Ellis' spine when he arrived. Ellis was also bound in handcuffs tied to hobbles on his legs, and a spit hood was placed over his head.
Ellis' death was ruled a homicide in 2020, and the Pierce County medical examiner determined he died of a form of oxygen deprivation caused by physical restraint.
Burbank, Collins and Rankine are charged with first-degree manslaughter for Ellis' death. Burbank and Collins also face charges of second-degree murder. All three have pleaded not guilty, are free on bail and remain on paid leave from the Police Department.
Under direct examination by an attorney for Burbank, Wayne Fricke, Nielsen was asked about how police officers decide how much force to use in their jobs. Nielsen said a common concept is "Graham factors" which stem from the U.S. Supreme Court case Graham v. Norton.
Nielsen said use of force decisions are typically related to whether to use force at all, the type of force to use and how much force to use. He said to make those decisions, police officers have to consider the Graham factors: the severity of the crime at hand, safety to the public and the officers and whether the suspect has tried to flee.
"So there's a balance between those three things that guide both the initial decision to use force period, and then once force is used, how," Nielsen said.
The police sergeant also said that by nature, use-of-force events involve police using a disproportionate level of force on the subject. He said that's because officers have to overcome whatever resistance they're faced with.
Thursday ended with the defense's us-of-force expert testifying. His testimony will continue when court proceedings resume Monday.
