Officers acquitted in Manny Ellis death to resign from Tacoma Police Department

Three Tacoma police officers acquitted in a trial over the 2020 death of Manuel Ellis, a 33-year-old Black man who died in their custody, will resign from their jobs. However, the Tacoma Police Department also says the officers are cleared of wrongdoing.

In a statement issued Tuesday, Tacoma Police Chief Avery Moore announced, "Tacoma Police Officers Christopher Burbank, Matthew Collins, and Timothy Rankine have voluntarily agreed to separate from their positions with the Tacoma Police Department."

"Meanwhile, except for a sustained finding regarding Officer Collins’ violation of the Tacoma Police Department’s policy on Courtesy, the Officers were cleared based on 2020 policies. The Use of Force policy in place in March of 2020 failed to serve the best interests of the police department or the community."

According to the findings in the Tacoma Police Department’s internal investigation, “The Courtesy allegation is related to a comment that was recorded on surveillance video.” In the video, Ellis stated, "Can't breathe, sir." A voice responded by telling Ellis, "Shut the fuck up man." Burbank denied saying that to Ellis. Collins said he did not recall saying those words but “if anyone said it, it was probably him (Collins).” Collins will receive a written reprimand for the use of profanity which violates agency policies.

RELATED: 3 Tacoma police officers found not guilty in 2020 death of Manny Ellis

On the evening of March 3, 2020, Manuel "Manny" Ellis, 33, a Black man, was walking home from a convenience store in Tacoma when he encountered three officers. The officers stated that they observed Ellis trying to open car doors as he walked. Police stopped Ellis, which devolved into a violent encounter. Officers put a spit hood over Ellis' head, after which he repeatedly said that he could not breathe.

Later, the Pierce County medical examiner ruled that the death was a homicide. Two officers faced charges of second-degree murder and first-degree manslaughter, and one officer faced a charge of first-degree manslaughter. In December, a Pierce County jury found all three not guilty.

Despite the jury's conclusion, the Tacoma Police Department was still reviewing the fatal encounter to see if department policies were violated. In his statement, Chief Moore said that the three officers did not violate department policies that existed in 2020. Since then, however, 30 department policies have been revised following input from Lexipol and the city's Police Advisory Committee; 10 of those policies are "nearing completion," according to the chief.

"While acknowledging our incomplete achievement of reform goals in the past decade, the last two years have witnessed substantial efforts to revolutionize the Tacoma Police Department, placing a strong emphasis on fostering inclusivity and pride among all stakeholders," Moore stated. "These strides are a result of a collective endeavor. I acknowledge the detrimental impact of policing on Black, Indigenous, and People of Color (BIPOC) communities, extending both a personal and collective apology. My awareness of the historical context of policing includes acts of oppression, abuse, and dehumanization, all carried out under the color of law."

In response to the "voluntary agreement" of Tacoma police officers Burbank, Collins, and Rankine to resign from the Tacoma Police Department, City Manager Elizabeth Pauli issued a statement:

"With faith in our city’s enduring resilience and strength, I acknowledge that healing throughout Tacoma will require time, open dialogue, and shared respect. I both support and have confidence in Chief Avery Moore, his commitment, and his ability to create a culture in the Tacoma Police Department that relies on positive community relationships, accountability and transparency."

An attorney for Burbank said he hasn't ruled out the possibility of seeking another job in law enforcement, but "will take some time to decompress and discuss his options with his family before making a decision."

Update notice, Tuesday, 1/16/2023 at 2:27 p.m.: This story was updated to include new information surrounding the Tacoma Police Department’s internal investigation and Christopher Burbank's response to the investigation.

Amy Radil contributed to this report.