Tacoma officers charged in Ellis killing added to list of police with credibility issues

The Pierce County Prosecuting Attorney’s Office added the three Tacoma police officers charged in the March 2020 killing of Manuel Ellis to a list of law enforcement with credibility issues this month, according to a spokesperson.

The prosecutor’s Potential Impeachment evidence files, commonly known as Brady material, for officers Christopher Burbank, Matthew Collins and Timothy Rankine include charging documents filed by the state Attorney General’s Office in May 2021, which cite video and witness accounts of the officers beating Ellis, who did not fight back, prior to his death from a lack of oxygen. The officers described Ellis as the aggressor in comments at the scene and during their first interviews with Pierce County Sheriff’s detectives days later.

Those charging documents will now be provided to defense attorneys if any of the officers are used as a witness in a criminal trial.

Being included on the list can make it difficult for an officer to move to another department because state law requires agencies to consult prosecuting attorney’s offices about lateral hires as a part of background checks, according to former attorney and Washington Coalition for Police Accountability spokesperson Leslie Cushman.

Cushman said there is a stigma among law enforcement about being labeled a “Brady officer,” which references a 1963 Supreme Court decision that prosecutors can’t withhold material evidence from defendants.

“It doesn’t end their career,” Cushman told The News Tribune. “They can keep on working and they still get promotions, but they are not reliable in court.”

Burbank and Collins face charges of second-degree murder and first-degree manslaughter. Rankine, who responded to the incident with Ellis as backup, is charged with first-degree manslaughter. All three have pleaded not guilty and are scheduled to face trial in late January.

The officers have remained on paid leave since they were charged. Police Chief Avery Moore has indicated he won’t decide whether to fire the officers until after their trial.

The Washington State Patrol took over the investigation of Ellis’ killing following the revelation that a Pierce County deputy had helped restrain him. The state Attorney General’s Office conducted additional investigation and decided to charge the officers after the Pierce County Prosecuting Attorney’s Office withdrew from the case.

Elected Prosecuting Attorney Mary Robnett is not a part of the committee that decided to add the officers to its so-called Brady list, according to spokesperson Adam Faber. She has yet to weigh on those decisions since her election in 2018.

The Potential Impeachment committee, which has been formalized during Robnett’s tenure, is comprised of both criminal and civil deputy prosecuting attorneys, according to Faber.

There are three primary ways the conduct of an officer or recurring law enforcement witness comes before the committee: a referral from an officer’s own agency, a complaint from a prosecutor or news reports about potential misconduct.

The committee then asks a referred officer’s agency for files about their conduct, Faber said.

The committee has a standing monthly meeting to make Potential Impeachment list decisions, according to Faber. The group typically comes to a consensus after prosecutors share their opinions.

A spokesperson for the Tacoma Police Department did not respond to multiple requests for comment.