Manuel Ellis case: Deliberations to restart for a second time after juror gets COVID-19

Jury deliberations in the Manuel Ellis case are set to restart for the second time in two days after a juror tested positive for COVID-19.

Deliberations had just restarted on Monday for a separate incident. Court officials say an alternate juror stepped in when another juror had a family emergency, forcing the deliberations to restart.

On Tuesday, the juror who has COVID-19 was relieved and replaced with an alternate. There are now two remaining alternate jurors.

The changes come as the three Tacoma police officers are still waiting to learn their fate after months of back and forth in the courtroom.

There were also questions about whether jurors actually followed the rules or if they watched coverage of the trial.

On Monday morning, Judge Bryan Chushcoff heard a juror's concerns: they were heard saying "I felt like it was an obligation perhaps, but I don't know the rules of the law and I don't want to sit on something that could potentially incriminate myself." 

That juror raised concerns about a fellow juror possibly watching news coverage of the trial in the death of Manny Ellis. 

"This may be the tip of an iceberg," Judge Chushcoff said. "Hopefully it's nothing and could very well be nothing." 

A juror allegedly mentioned the officers charged in Manny Ellis’ death were on paid leave, a fact the judge, state and defense attorneys were unclear if it was mentioned in court.

"The statement alone is not prejudicial," Judge Chushcoff said. "But what is more troubling is the possibility they have that information because they were viewing some kind of report on the subject of the trial, in which case, there may be more involved. We need to talk to the juror." 

See previous coverage of the Manny Ellis trial here

The juror brought out and questioned openly as both state and defense teams weighed in on the issue.

Judge Chushcoff questioned them, asking how they came to that information. The juror responded, "I thought it was said here in court". 

Judge Chushcoff ultimately said the juror would remain on the panel. 

The jury deliberated half the day Monday but was forced to restart after a juror had to be relieved due to a family medical emergency. 

The jury, still composed of 7 men and 5 women, is on track to decide the fate of the three Tacoma officers. Matthew Collins, Christopher Burbank and Timothy Rankine are accused in the death of Ellis, who was killed during an arrest in Tacoma in 2020. Collins and Burbank, who were first to encounter Ellis, are charged with second-degree murder. Rankine is charged with manslaughter. 

As FOX 13 previously reported, there are several outcomes anticipated. Legal expert Mark Lindquist says the jury can choose to convict the officers, acquit them or a combination of the two. 

"It will take them days, maybe weeks, and I think there’s a high likelihood they come back hung and the judge says go back and try harder," Lindquist said.

If a decision is not reached by Friday, the earliest we can anticipate a verdict will be in January.