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Ellis’ death led to protests in Tacoma and came just months before the police killing of George Floyd in Minneapolis and the ensuing widespread demonstrations against racism and police violence.
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“Make no mistake about it, the Ellis family is emotionally devastated but we will continue to seek some measure of justice for them in the form of our federal civil rights lawsuit against the City of Tacoma and 6 TPD officers who we believe we should be held responsible for Manny’s death,” the statement said.
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Parts of the arrest were caught on video by a driver, a nearby doorbell camera as well as police dispatch audio. Ellis repeatedly said, “I can’t breathe,”according to the prosecution’s statement of probable cause.
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Defense attorneys had argued Ellis died not from the restraint but from a lethal amount of methamphetamine in his system and his preexisting heart conditions.
In June 2020, two videos posted on social media by a local activist group showed Tacoma officers striking a Black man and pinning him down before he died in their custody. James Bible, attorney for the Ellis family, said at the time the man was Ellis.
Both videos of the alleged altercation are under a minute. One appeared to show officers striking the man as he laid on the ground. A second video appeared to show them holding the man to the ground and telling him to put his hands behind his back. It was unclear whether the video recordings were taken before or after Ellis was heard shouting “I can’t breathe” in the dispatcher audio.
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In March 2022, Pierce County, Washington,reached a $4 million settlement agreementwith Ellis’ family. The lawsuit named as defendants the City of Tacoma, Pierce County, six Tacoma officers – including Burbank, Collins and Rankine – and two Pierce County sheriff’s deputies. The settlement meant the claims against the county and the two deputies were dropped.
In a statement, the City of Tacoma acknowledged Thursday’s not-guilty verdicts “may exacerbate the pain caused by the death of Mr. Ellis.”
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Following Burbank’s acquittal, his attorney, Wayne Fricke, said: “We understand, obviously the Ellis family is suffering and grieving, they’re going to continue to suffer and grieve, and we’re not ignoring that… But I do believe this was the correct verdict.”
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