In vague statement, feds say review of Tacoma man’s police custody death closed

The U.S. Attorney’s Office for Western Washington issued a short, vague statement Thursday that the Department of Justice had closed the civil rights review opened last year into the death of Manuel Ellis in Tacoma police custody.

Ellis, 33, who went by Manny, died of a form of oxygen deprivation in an encounter with Tacoma police on March 3, 2020. Ellis reportedly approached a patrol car and banged on its window, which led to a struggle in which Ellis was beaten, shocked with a Taser three times and pressed to the ground on his stomach, where his limbs were tied behind his back while officers knelt or sat on him. His last words were, “I can’t breathe.”

Less than a month after three Tacoma police officers were acquitted of murder or manslaughter charges in his death, the U.S. Attorney’s Office announced it was independently reviewing the case for violations of federal criminal statutes. At the time, the office was led by Tessa Gorman, who was ousted from her position as acting U.S. Attorney for Western Washington after President Donald Trump took office in January.

Gorman was replaced by Teal Luthy Miller, who was promoted from her position in the office as first assistant U.S. attorney, the Washington State Standard reported in February.

Thursday’s 81-word statement from Miller’s office did not say whether the civil rights review had found any violations of federal criminal civil rights statutes, only that the inquiry had been closed.

“A team of experienced federal prosecutors conducted an independent and comprehensive review of the record in the criminal jury trial of State of Washington v. Tacoma Police Department Officers Burbank, Collins, and Rankine, concerning Manuel Ellis’s death on March 3, 2020,” the statement reads.

“The review focused on the application of 18 U.S.C. § 242, a federal criminal civil rights statute that prohibits certain types of official misconduct. After a careful and thorough review, the Department of Justice has closed its inquiry.”

In a phone call, a spokesperson for the U.S. Attorney’s Office said she could not offer any information beyond what was in the news release.

James Bible, an attorney for Ellis’ family, attributed the inquiry’s closure to politics rather than “following the law to its legal conclusion.”

“Since the change in regime – in the Department of Justice and in the presidency – we had little confidence that this matter would be reviewed thoroughly, adequately and with civil rights care,” Bible said in a phone call. “The information provided by the Department of Justice today is reflective of what the changes are from this administration to the next.”

“The truth is that these particular officers did more than enough to be charged federally,” Bible said.

Asked whether this was the end of any possible litigation related to Ellis’ death, Bible said his law office would always continue to evaluate avenues for pursuing criminal charges, including asking future attorneys general to take another look at the case.

Ellis’ family sued the City of Tacoma and Pierce County over his death, both of which led to settlements for a combined $10 million. There have been many other financial costs associated with the incident, including $1.5 million-worth of payments to secure the resignations of the three officers charged and acquitted in Ellis’ death, Christopher Burbank, Matthew Collins and Timothy Rankine.

Outrage over Ellis’ death was part of what led to changes to policing in Tacoma between 2020 and 2023. The Tacoma Police Department explicitly banned neck restraints, and local leaders pushed harder to implement body-worn cameras for police officers, which hadn’t been rolled out when Ellis died. Bible has said he feels progress has eroded in recent years, including rollbacks to a controversial police-pursuit law that created a higher bar for officers to pursue suspects.

“The state is going to have to bolster its ability to prosecute officers for misconduct and create or provide more resources to agencies that are focused on addressing police misconduct within our state boundaries because the federal government is not in a trustable place to do what we need them to do in terms of civil and human rights at this time,” Bible said.

Asked about Washington’s 4-year-old Office of Independent Investigations, which was created to ensure unbiased investigations of police uses of deadly force, Bible said he believed in it and thought it had the right people in place to do the work, but that it needs more resources.

Bible said it is also important for police departments to listen to the Washington State Criminal Justice Training Center when it suggests that an officer shouldn’t be hired. The police academy maintains the certifications that police officers need to be able to work, and the Seattle Times reported in 2022 that the academy warned Tacoma about Rankine’s behavior in a training exercise two months before he became a full-fledged police officer.

“It’s counter to what people believe, but I am a believer in law enforcement,” Bible said. “I’m a believer that law enforcement and their role is of critical importance, but it’s of such critical importance that we can’t accept a standard that is low.”