Washington needs system to investigate cop violence; Tacoma’s Ellis case is Exhibit A
After the first gavel drops in Olympia Monday, the opening day pomp will quickly give way to a legislative session like no other. Under a shroud of COVID-19 restrictions, Washington’s state Capitol building will be closed to the public while a bare minimum of lawmakers participate in person.
Elected leaders say they’ll focus on a narrow agenda. A public health crisis has a way of sharpening one’s priorities; for the 2021 Legislature, that means adopting a budget, helping kids safely return to classrooms, and providing relief for pandemic-battered families, businesses and jobless individuals. Quotas may even be imposed on the number of bills that see the light of day.
But there’s one matter that must not fall by the wayside, an urgent issue that centers on public safety, accountability and trust. We believe, and many Tacomans can attest, that it should be on the Legislature’s “must do” list.
Washington needs an independent, permanent system for investigating police use-of-deadly-force cases. Gov. Jay Inslee has proposed an executive-level office to oversee these probes, along with a general fund request of $26 million to pay for any prosecutions that result.
We’ll withhold judgment on whether Inslee’s plan is best, or whether it can be done for less money. Suffice it to say that it’s a good starting point for bipartisan negotiations.
The current system, in which neighboring jurisdictions handle investigations when someone dies in law enforcement custody, is clearly flawed and has spawned a growing level of community unease.
Nothing underscores this more than the newly released Washington State Patrol investigation of the Manuel Ellis homicide, months after the 33-year-old Black man died on the street after being taken down by Tacoma Police.
WSP took over in June at the bidding of Inslee, who had concerns about the initial investigation conducted by the Pierce County Sheriff’s Department.
Apparently his concerns were well founded.
The $54,000 state investigation revealed previously undisclosed details in the wake of Ellis’ death from respiratory distress on March 3, 2020. Most stunning: that a fifth Tacoma officer was at the scene, not just the four who were long ago identified and placed on leave.
Tacoma Officer Armando Farinas wasn’t a mere bystander; he put a mesh spit mask over Ellis’ head, according to reporting on the WSP investigation by News Tribune staff writer Stacia Glenn. The mask was “a significant factor, and possibly the most important factor” in Ellis’ death, former Pierce County Medical Examiner Thomas Clark wrote in the autopsy report.
Why did none of this come to light at the time of the Sheriff’s Department investigation? That’s a good question. The Police Department placed Farinas on leave Dec. 31, saying they were unaware of his involvement until the WSP report came out. Sheriff Ed Troyer, however, said in a KIRO radio interview last week that Tacoma Police knew about it “from day one.”
Tacoma Mayor Victoria Woodards told us Friday she was “blown away” by news of the fifth officer, saying it reinforces her belief that an independent state investigative office is needed. She’s been frustrated by spotty communication, disjointed release of information and lack of closure for the family, more than 10 months after Ellis was killed.
Bear in mind that none of the Tacoma officers has been prosecuted for criminal conduct, and may never be. That decision belongs to the state Attorney General’s office. Possible mitigating factors include Ellis’ heart disease and methamphetamine intoxication.
But ultimately, an arm’s-length state investigation not only ensures fairness for both sides, it increases the likelihood that the public views the process as fair.
The Ellis case was instructive for Inslee as he formed his plan for a full-time state investigative office. It’s just one piece of his wide-ranging $365 million equity package to address racial disparities and enact criminal-justice reforms. It stems from a task force he convened after the deaths of George Floyd in Minneapolis and Ellis in Tacoma.
Not all legislators will see eye to eye with the governor, especially those in the minority party. Republican leaders who met with our Editorial Board last week voiced reservations about adding another arm to the executive branch.
“Twenty six million dollars seems like a high price to me,” said Sen. John Braun, R-Centralia, the new Senate minority leader. “There are lots of ways to do an independent investigation. I’m not convinced that we need another executive agency.”
One way or another, Washington should set a gold standard for independent inquiries of fatal police violence. It’s a key step in fulfilling the promise of Initiative 940, passed by voters in 2018 to improve police training and bring more accountability in use-of-force incidents.
Count it among the harsh lessons of the Manuel Ellis tragedy.