‘You’re pushing the boundaries. Don’t push it any further,’ judge warns prosecution in Ellis case

Controversy in final days of the Manny Ellis death trial

Controversy continues into the final days of the Manny Ellis trial, as the defense again pushes to dismiss the case, after what they say was an intentional attempt to evoke imagery of racism by the prosecution.

TACOMA, WA - Controversy continues into the final days of the Manny Ellis death trial, as the defense again pushes to dismiss the case, after what they say was an intentional attempt to evoke imagery of racism by the prosecution.

On Monday, closing arguments began in the Manny Ellis case.

Ellis died while in Tacoma Police custody in March 2020. The medical examiner ruled his death a homicide. Three Tacoma officers were charged.

Officers Matthew Collins and Christopher Burbank face a charge of second-degree murder. Officer Timothy Rankine is charged with second-degree manslaughter.

Following months of testimonies, the Attorney General’s office special prosecutor Patty Eakes spoke to the courtroom and the jury on Monday.

"They chose instead to treat him like an animal, to restrain him, with his hands and his feet restrained behind his back together, with a hood over his head, in the most dehumanizing position you can imagine," she said during her closing argument.

PREVIOUS COVERAGE: 'They chose instead to treat him like an animal:' Prosecution begins closing argument in Manny Ellis trial

Tuesday morning, the defense voiced their outrage of her choice of words.

"They know exactly what they are doing. They’re trying to evoke prejudice and stereotype against our clients. It’s absolutely improper," said defense attorney Mark Conrad.

The defense’s issue was with Eakes use of the word "animal" and "dehumanizing" in her explanation of how officers treated Ellis.

Judge Bryan Chushcoff agreed that the prosecution went too far with this language.

"You’re really pushing the boundaries on this, and not just on this one occasion. In the totality of the state’s approach in this case. You’re pushing the boundaries. Don’t push it any further," he said.

The prosecution wrapped its closing argument around noon on Tuesday, and defense attorney Wayne Fricke had the opportunity to speak to the jury in the early afternoon.

"That answer was taken out of context, and I believe that’s kind of been the essence of the state’s investigation in this case, as well as the prosecution," he said. "It’s one thing to do it negligently, it’s quite another to do it intentionally."

Fricke told the courtroom Ellis was beloved by his family and friends, but said that Ellis had another side to him.

"It was the Manny Ellis who was high on meth, the paranoid, violent and unpredictable Manny Ellis that officers Burbank and Collins encountered on March 3, 2020," said Fricke.

Each of the three defendants has their own legal team. So far, two different defense teams have given their closing arguments. It is expected the defense will continue its closing arguments on Wednesday.