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Defense requests dismissal in trial of death of Manny Ellis
The defense attorneys for the officers charged with killing Manny Ellis asked the judge to throw out the case on Wednesday.
TACOMA, Wash. - The defense attorneys for the officers charged with killing Manny Ellis asked the judge to throw out the case on Wednesday.
Manny Ellis died in Tacoma while in Tacoma Police custody in 2020.
Officers Christoper Burbank and Matthew Collins are charged with second-degree murder and manslaughter. Officer Timothy Rankine is charged with manslaughter.
The trial is now at its halfway point. The prosecution’s last witness left the stand and the Attorney General’s Office rested its case on Wednesday.
The defense attorneys then made a motion to dismiss all charges, claiming the state has failed to prove guilt—despite six weeks of testimony.
"None of their experts have stated that, you know, Officer Burbank approximately caused the death of Mr. Ellis. They simply didn’t say that. They said they couldn’t say that," said Brett Purtzer, defense attorney for Burbank.
However, the prosecution argued that the officers are responsible for Ellis’ death and the hearing must continue.
"The facts show that they were aware through Mr. Ellis’ statements that he couldn’t breathe. That he remained in a prone position. That they trained and aware that that position caused the potential for someone to suffer from positional asphyxiation or to die," said special prosecutor Patty Eakes.
Judge Bryan Chushcoff addressed the defense's proposal for dismissal.
"The state has got a very narrow path here," he said. "As I say, they have a kind of tightrope to walk, and there's lots of ways along the line, where they might not be able to make this case to the jury," Chushcoff added.
Chushcoff ruled against the defense’s request for dismissal.
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The defense is expected to call its first witness on Monday. Each one of the three officers’ defense teams will call their own witnesses. The judge asked for the defense to streamline the process in an effort to avoid confusion.
Outside the courtroom, about two dozen people rallied to get more attention on the hearing. With the news of the dismissal request, protesters demanded the hearing go the full-length and let the jury make the final decision.