Two officers involved in the death of Manuel Ellis exonerated after city investigation
After a months-long investigation, Tacoma Police Department interim chief Mike Ake announced that two officers involved in the death of Manuel Ellis in 2020 have been exonerated from any policy violations.
Officers Masyih Ford and Armando Farinas have been notified of the exoneration, Ake told Tacoma City Council at a special meeting on Tuesday.
“This is based upon a thorough review of Internal Affairs investigations which includes the criminal investigations of the Pierce County Sheriff’s Department, Washington State Patrol and Attorney General’s Office. I feel it is an appropriate decision based upon the facts,” Ake said.
Ake said the officers will undergo several weeks of training before returning to the force. The officers have been on leave for more than a year and need to learn various policy changes, such as body cameras.
“It’s going to be several weeks before we’re comfortable with their understanding of the new changes in the policies and they’re comfortable as well. So before we put them back on the streets, we have to make sure all those criterias are met,” Ake said.
James Bible, attorney for Ellis’ family, disagreed with the results of the investigation in a press conference on Tuesday, saying that the officers were complicit on some level for not intervening while Ellis died.
“Ultimately, we are not surprised that the city of Tacoma and its law enforcement would seek to absolve itself and its officers of any wrong. Historically, that is exactly what law enforcement agencies and cities have done. That is precisely what was done at this moment,” Bible said.
Matthew Ellis, brother of Manuel Ellis, said that his family is heartbroken.
“You know, this is our Christmas present. Merry Christmas to the Ellis family. ... We get to see officers go back to work after killing somebody,” he said.
Ellis, a 33-year-old Black man, died March 3, 2020, while being restrained by officers at the corner of 96th Street South and Ainsworth Avenue. He died from lack of oxygen, with methamphetamine and heart disease listed as contributing factors. Video captured Ellis saying “I can’t breathe, sir, I can’t breathe,” shortly before losing consciousness.
The Washington State Attorney General filed felony charges on May 27 against three of the Tacoma police officers involved in the incident. Christopher Burbank and Matthew Collins were charged with second-degree murder and Timothy Rankine with first-degree manslaughter.
No charges were filed by the Attorney General’s Office against Ford and Farinas. Ford, 29, has been with the department for more than two years and two months. Farinas, 27, has been with the department for about four years.
A city internal investigation into whether the officers violated departmental policy was launched after the charges were announced in May.
Farinas was investigated for policy violation for placing a spit hood over Ellis’ head. Ake said that at the time it was put on, officers were concerned about possible biohazard exposure due to Ellis spitting near them. After putting the hood on, Ake said Farinas had no other contact with Ellis.
“While the investigation does show that Officer Farinas placed a spit hood on Mr. Ellis, I find the actions of Officer Farinas were reasonable, appropriate under the circumstances,” Ake said.
Ford was investigated for possible use of force violations. Ake said that during the detention of Ellis, Ford took hold of Ellis’ leg. Once detained, Ake said Ford tried to calm him down and let him known medical aid was on the way.
“When Mr. Ellis commented that he could not breathe, Officer Ford assisted in rolling him onto his side in a recovery position,” Ake said. “He also was the first officer to alert arriving medical personnel that Mr. Ellis’ condition was deteriorating. The actions of Officer Ford were found to be reasonable and appropriate under the circumstances and not in violation of department policy.”
Four of the involved Tacoma officers — Burbank, Collins, Ford and Rankine — were placed on paid administrative leave June 3, 2020 after the Medical Examiner’s Office ruled Ellis’ death a homicide. Farinas was placed on leave in January of this year.
The internal investigation involving the three officers facing charges is ongoing. City manager Elizabeth Pauli said Tuesday that it would be late January or February before the investigation was finalized.
The 1,000-page investigative report regarding officers Farinas and Ford was posted to the city website on Tuesday.
Ake said the department was able to conduct additional interviews in its investigation that were not part of the Attorney General’s investigation.
“When the Attorney General’s Office asked for interviews with some of the members of the police department, our members, using their rights, declined to do so within that investigation. However, in our own internal investigation, because they are employees of the police department, this is something that they’re mandated to do upon our request,” Ake said.
At Tuesday’s special meeting, Deputy Mayor Keith Blocker asked Ake what policies were part of the investigation.
“The reason why I’m asking that question is because in my opinion, and I’m sure many community members will argue to the fact that perhaps the policies are wrong, and the policies need to be interrogated,” Blocker said.
Ake reiterated that Farinas was investigated for unsatisfactory performance of use and placement of a spit hood, while Ford was investigated for violations of the department’s use of force policy.
Mayor Victoria Woodards said Tuesday that state law and the city charter prohibit council from directly interfering with administrative decisions by the chief and city manager, and that comments will be limited.
When asked by media for a response to the family, Woodards said she was deeply sorry for their loss.
“He was a brother, he was an uncle, he was a son, he was a community member. And I know that that loss runs deep,” Woodards said.
In a press release on Tuesday, the Tacoma Police Union Local 6 responded to the results of the investigation, saying the union is pleased to welcome Farinas and Ford back to active duty.
“As we wrote last summer, our officers, Mr. Ellis’ family, and our Tacoma community deserve a fair, accountable, and objective investigation so that the untainted facts — the truth — can be revealed,” the statement said. “With those facts in hand, we know that Officers Farinas and Ford did no wrong. We know that our officers will be cleared as the true facts of the incident are brought forward, and this step in clearing Officers Farinas and Ford is long overdue.”
This story was originally published December 21, 2021 at 11:31 AM.
