Acquittals spotlight law intended to hold officers accountable

A Washington state law aimed at improving police accountability is in the spotlight after three Tacoma officers were acquitted in the 2020 death of Manuel Ellis, a Black man who was shocked, beaten and restrained face-down on a sidewalk as he pleaded for breath.

The measure approved by voters in 2018 was designed to make it easier to prosecute police accused of wrongfully using deadly force. Initiative 940, referred to as I-940, removed a requirement that prosecutors prove an officer acted with actual malice in order to bring a case — a requirement no other state had — and established that an independent investigation should be conducted after use of force results in death or great bodily harm, among other things.

The nearly three-month trial of the three police officers — Matthew Collins, 40; Christopher Burbank, 38; and Timothy Rankine, 34 — was the first to be held under the 5-year-old law. The trial over Ellis’ death in Tacoma, about 30 miles south of Seattle, ended Thursday with their acquittal on various murder and manslaughter charges.

Matthew Ericksen, a lawyer for the Ellis family, said Washington’s 2018 police accountability law failed in certain regards in a trial that amounted to a test case for the measure, resulting in a verdict that devastated the family.

“One of the big reforms that I-940 was meant to bring was completely independent investigations of in-custody deaths like Mr. Ellis,” Ericksen said. “And that just didn’t happen. The law was violated, and in many ways, there really haven’t been any consequences for that.”

The Pierce County Sheriff ’s Office botched the initial probe into the death by failing to disclose for three months that one of its deputies had been involved in restraining Ellis, despite the state law requiring independent investigations. The Washington State Patrol took over, and the Attorney General’s Office conducted its review based on evidence gathered by the patrol as well as its own additional investigation before charging the officers.

How effective I-940 can be will come down to how it is enforced, according to Ericksen. While the Ellis case highlighted gaps in the measure, he said it remained one of the “necessary building blocks to hopefully get to some police accountability.”