A Washington state law aimed at improving police accountability is in the spotlight after three Tacoma officers were acquitted in connection with the 2020 death of Manuel Ellis, a black man who was shocked, beaten and was tied face down on a sidewalk as he pleaded for breath.
The measure, approved by voters in 2018, was intended to make it easier to prosecute police officers accused of unlawful use of deadly force. Initiative 940, referred to as I-940, removed the requirement that prosecutors show an officer who acted with actual malice to bring a case – a requirement that no other state had – and established that an independent investigation should be carried out after the use of force has resulted in, among other things, death or serious bodily harm.
The nearly three-month trial of the three police officers – Matthew Collins, 40; Christopher Burbank, 38; and Timothy Rankine, 34 – was the first to be held under the 5-year-old law. The trial surrounding Ellis' death in Tacoma, about 30 miles south of Seattle, ended Thursday with an acquittal on various murder and manslaughter charges.
The acquittal came a day before a jury in Colorado convicted two paramedics in the death of Elijah McClain, another Black man whose case was investigated across the country.
Matthew Ericksen, an attorney for the Ellis family, said Washington's 2018 Police Accountability Act failed in some respects in a trial that amounted to a test case for the measure, resulting in a ruling that the family lost on destroyed soil.
“One of the big reforms that I-940 was intended to bring was the fully independent investigation of in-custody deaths like Mr. Ellis,” Ericksen said. “And that just didn’t happen. The law was broken, and in many ways it didn’t really have any consequences.”
The Pierce County Sheriff's Office botched the initial investigation into the death by failing to disclose for three months that one of its deputies was involved in tying up Ellis, even though state law requires independent investigations. The Washington State Patrol took over, and the attorney general's office conducted its review based on evidence collected by the patrol as well as its own additional investigation before charging the officers.
How effective I-940 can be depends on how it is enforced, according to Ericksen. While the Ellis case highlighted gaps in the measure, he said it remains one of the “necessary building blocks to hopefully achieve some police accountability.”
“It’s better that we have I-940 than not,” he said. “I sincerely hope that this one verdict does not deter future investigations and prosecutions, and I know the Ellis family feels the same way.”
Other police reform advocates were also disappointed by the ruling, but said the fact that the case went to trial at all — since the law removed the requirement that prosecutors prove officers acted intentionally — was already a significant change represented. Another Washington state trooper, Jeff Nelson, is awaiting trial in Auburn, south of Seattle, on a murder charge filed after I-940.
“We enabled them to know that if you do something wrong you can be charged,” said Tonya Isabell, cousin of Charleena Lyles, a pregnant mother who was fatally shot by Seattle police in 2017. “We are all hurt, we are devastated and angry. But here too we have to look at the overall result.”
Attorneys for the three Tacoma officers said their clients acted in good faith and were relieved by the verdict. The Pierce County coroner concluded that Ellis' death was a homicide caused by lack of oxygen, but the defense argued in court that methamphetamine in his system and a heart irregularity were responsible.
Anne Bremner, who represented Rankine, said the waiver of the bad faith prosecution standard was generally viewed as unwelcome by law enforcement officials because of the possibility of criminal liability.
“We’ve seen a lot of turnover and people not wanting to commit to a career in law enforcement,” she said. “The vast majority of officers we have everywhere do an outstanding job and want to do their jobs in a way that helps people and protects the community.”
State Sen. Yasmin Trudeau, a Democrat from Tacoma who previously worked on implementing I-940 in the attorney general's office, said the law alone does not guarantee accountability, but rather “the ability to enforce accountability in court.”
The measure has since been strengthened by 2021 legislation, she said, creating an independent state office to review cases involving police use of deadly force and banning chokeholds and neck restraints.
“We have a framework for the future that is much more robust,” she said. “Overall, I hope we can recognize that changes in the culture of policing and the laws surrounding policing serve to build public trust. And I hope we can work together.”
Sign up for our weekly newsletter to receive more English-language news from EL PAÍS USA Edition