TACOMA, Wash. — The defense called Emergency Medical Physician Dr. Jennifer Stankus to the witness stand on Thursday, where she contradicted the state’s medical experts about what type of heart attack Manuel Ellis experienced on the night that he died.
Ellis, a 33-year-old Black man, died in Tacoma police custody on the night of March 3, 2020. Three Tacoma police officers, Matthew Collins, Christopher Burbank and Timothy Rankine, face charges in his death.
Stankus is a contract emergency physician at Madigan Army Medical Center on Joint Base Lewis-McChord. She was previously in the naval reserves out of high school before becoming a military police officer. She worked as a police officer again for about two years during college, then went to law school in Colorado. She later went to medical school at the University of Washington and graduated in 2009.
The state’s medical experts and the former Pierce County Medical Examiner Dr. Thomas Clark all determined that oxygen deprivation was the catalyst for Ellis’ cardiac arrest, but in front of the jury on Thursday, Stankus said she believed it was the other way around.
Emergency physician says Ellis had a 'true medical problem'
Examining the electrocardiogram (EKG) taken of Ellis’ heart on the night he died, Stankus told the jury that it was indicative of “atrial flutter,” a condition where the heart’s atria, the top section of the heart, beats much more quickly than the ventricles.
“This is not something I would typically see in a 33-year-old man,” Stankus said.
Stankus noted that at times it appeared Ellis’ atria was pumping at a rate of nearly 300 beats per minute. She said this in itself can lead to heart failure and oxygen deprivation, because the heart is not filling completely, meaning oxygenated blood is not being effectively pumped throughout the body – a type of heart condition called cardiogenic shock. Stankus attributed Ellis’ cause of death to the toxic amount of methamphetamine in his system and his underlying heart disease.
The conclusion directly contradicts the testimony of expert witnesses to appear on behalf of the state, including an expert cardiologist, pulmonologist and forensic pathologist. Referring to Ellis’ EKG, cardiologist Dr. Daniel Wohlgelernter said the rhythm Ellis’ heart displayed could not possibly have been caused by methamphetamine or underlying heart disease, saying “nothing else explains” Ellis’ cardiac arrest besides oxygen deprivation which was caused by the restraint methods that police used against him. Dr. Clark, who performed the autopsy on Ellis’ body, said the type of cardiac arrest expected to result from meth use would be ventricular fibrillation, which “would produce sudden death.”
Stankus took issue with multiple statements in Clark’s report, including that Ellis’ EKG displayed a sinus rhythm, and further disagreeing that ventricular fibrillation is the only type of heart attack that can result from meth. She said the cycle of someone experiencing hypoxia due to respiratory failure looks nothing like what she was showing, she said in the afternoon.
Stankus said she believed Ellis was tachycardiac at the time of his death due to the meth he had in his system, which is a rapid heartbeat disproportionate to the person’s age and activity level at the time.
“I also, based on the report that Mr. Ellis was sweating profusely -- we call diaphoresis, that’s different from sweating -- that is something that I associate with a heart problem, a true medical problem,” she said.
During afternoon cross-examination, Stankus defended her position stated in a previous interview in which she said she was "pro-law enforcement." Stankus said including the context is important and that is she pro-legal system and having law and order.
Stankus reviewed several exhibits showing Ellis' past medical history, some reports which showed he had a "normal" heart rhythm and conditions as of 2017. When questioned, Stankus said her opinion was largely based on past incidents involving Ellis' substance use or behavioral health, the statements from the officers on scene as they were the people in contact with Ellis, and that she did not place as much weight on the civilians who provided statements were not close enough to see particular symptoms such as dilated pupils or profuse sweating.
Sergeant says every use-of-force interaction brings risk of 'bad outcome'
On Thursday, defense called Chris Nielsen, a training sergeant for the Renton Police Department, to the stand. Nielsen is also a licensed attorney and previously worked in the King County Prosecuting Attorney's Office for six years prior to becoming an officer.
He discussed his role as a police officer trainer and the varying degrees of use-of-force interactions officers are typically trained on, and testified that he believes the use-of-force levels used by officers Burbank, Collins and Rankine were appropriate.
Nielsen said he oversees all of the hiring and training of new officers, including all of the training the officers will received throughout the duration of their career. Training includes firearm handling, case law and legal, defensive tactics, use of less-lethal tools, street contacts with people, among others.
“Police officers are trained that you can’t exercise proportional force in a one-for-one way because you have to come in at a place that’s a little bit higher than the person is giving you, as far as resistance,” Nielsen said when it comes to use-of-force tactics.
Nielsen explained three ground factors that go into an officer's use-of-force decision-making include the severity of the crime, the safety to the public and officers and the subject's efforts to flee or avoid detention.
"Typically force starts at when there's some sort of hands-on moment with a person," Nielsen said. He outlined the standard escalation levels of force, acknowledging that each police department has its own take on the severity levels of use-of-force tactics.
The levels range from a simple police presence used as a gateway force, joint manipulation or holding someone's arm, to levels of using strikes and kicks, to batons, sprays and Tasers.
“With every use of force, there’s a risk of a bad outcome,” Nielsen said.
When questioned on his opinion about the officers' actions on scene against Ellis, Nielsen said: "Broadly speaking, the force used to do what they were trying to accomplish was appropriate."
Court resumes on Monday morning.
Background on the case
On March 3, 2020, Ellis was walking home when he stopped to speak with Tacoma Police Officers Burbank and Collins, who were in their patrol car, according to probable cause documents.
Witnesses said Ellis turned to walk away, but the officers got out of their car and knocked Ellis to his knees. All witnesses told investigators they did not see Ellis strike the officers.
Other responding officers told investigators that Burbank and Collins reported Ellis was “goin’ after a car” in the intersection and punched the patrol car's windows.
Witness video shows officers repeatedly hitting Ellis. Collins put Ellis into a neck restraint, and Burbank tasered Ellis’ chest, according to prosecutors.
Home security camera footage captured Ellis saying, “Can’t breathe, sir. Can’t breathe."
Rankine, who was the first backup officer to arrive, applied pressure to Ellis' back and held him in place while Ellis was "hogtied" with a hobble, according to documents.
When the fire department arrived, Ellis was “unconscious and unresponsive,” according to documents.
The Pierce County Medical Examiner ruled Ellis' death a homicide. According to the autopsy report, Ellis also had a fatal amount of methamphetamine in his system.
KING 5 will stream gavel-to-gavel coverage of the trial from opening to closing statements. Follow live coverage and watch videos on demand on king5.com, KING 5+ and the KING 5 YouTube channel.