Thursday, 28 Mar 2024

Another US man who said 'I can't breathe' died in custody; an autopsy calls it homicide

SEATTLE (NYTIMES) – A black man who called out “I can’t breathe” before dying in police custody in Tacoma, Washington, was killed as a result of oxygen deprivation and the physical restraint that was used on him, according to details of a medical examiner’s report released on Wednesday (June 3).

The Pierce County Medical Examiner’s Office concluded that the death of the man, Mr Manuel Ellis, 33, was a homicide. Investigators with the Pierce County Sheriff’s Department were in the process of preparing a report about the March death, which occurred shortly after an arrest by officers from the Tacoma Police Department, said the sheriff’s spokesman, Mr Ed Troyer.

“The information is all being put together,” Mr Troyer said. “We expect to present it to the prosecutor at the end of this week or early next week.”

Mr Ellis died from respiratory arrest, hypoxia and physical restraint, according to the medical examiner’s office. The report listed methamphetamine intoxication and heart disease as contributing factors.

Police officers encountered Mr Ellis on the night of March 3 as they were stopped at an intersection. They saw him banging on the window of another vehicle, Mr Troyer said.

Mr Ellis approached the officers, Mr Troyer said, and then threw an officer to the ground when the officer got out of the vehicle. The two officers and two backup officers who joined – two of them white, one black and one Asian – handcuffed him.

“Mr Ellis was physically restrained as he continued to be combative,” the Tacoma Police Department said in a statement on Wednesday.

Mr Troyer said he did not know all the details of the restraint the officers used – they were not wearing body cameras – but said he did not believe they used a chokehold or a knee on Mr Ellis’ neck. They rolled him on his side after he called out, “I can’t breathe”.

“The main reason why he was restrained was so he wouldn’t hurt himself or them,” Mr Troyer said. “As soon as he said he couldn’t breathe, they requested medical aid.”

Mr Troyer said the call for aid came four minutes after the officers encountered Mr Ellis.

Mr Ellis was still breathing when medical personnel arrived, Mr Troyer said. He was removed from handcuffs while personnel worked on him for about 40 minutes, Mr Troyer said. He was then pronounced dead.

Family members said Mr Ellis was the father of an 11-year-old son and a 18-month-old daughter. He was a talented musician at his church. The family said it was heartbroken and angry by his death.

“While we are in immense pain, we rest our hope in the community of committed freedom fighters that we are now joining,” the family said. They held a vigil for Mr Ellis on Wednesday night.

The death comes as protests have spread around the nation over the case of Mr George Floyd, a black man who died in the custody of Minneapolis police last week. Minnesota officials have charged all four officers in that case, including Derek Chauvin, who kept his knee on Mr Floyd’s neck for nearly nine minutes during the arrest.

Forensics experts who conducted a private autopsy for Mr Floyd’s family concluded that another officer’s knees on Mr Floyd’s back contributed to making it impossible for his lungs to take in sufficient air.

Mayor Victoria Woodards of Tacoma said on Wednesday that she would take appropriate steps based on the findings of the sheriff’s investigation.

“We will learn the results of that investigation even as our country reels from the recent killings of George Floyd, Breonna Taylor, Ahmaud Arbery and too many others,” Ms Woodards said.

Governor Jay Inslee of Washington said the issue was a top priority for him.

“We will be pushing to make sure there is a full and complete investigation of that incident,” Mr Inslee said.

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