SEATTLE (MOCOBIZ) – Washington state lawmakers will be considering a proposal on Monday that aims to ban the practice of hog-tying suspects by the police. This comes almost four years after the tragic death of Manuel Ellis, a 33-year-old Black man.
Ellis was found dead in a facedown position with his hands and feet cuffed together behind him. The incident has since become a symbol of the fight for racial justice in the Pacific Northwest.
The use of the restraint technique has been a cause for concern for quite some time, primarily due to the potential risk of suffocation. Although several cities and counties have already prohibited the use of this technique, it is still being employed in other areas.
Democratic Senator Yasmin Trudeau, the sponsor of the bill, expressed her determination to prevent others from facing the same dehumanizing treatment that Ellis endured before his passing.
“How can we navigate the necessity of law enforcement while ensuring that individuals are treated with the dignity and respect they deserve as human beings?” she pondered.
Over the past four years, states throughout the United States have been quick to implement significant reforms in policing. These reforms have been driven by widespread protests against racial injustice and the tragic deaths of individuals like George Floyd at the hands of law enforcement.
However, it is worth noting that only a few states have taken the step to ban prone restraint, as reported by the National Conference of State Legislatures.
In 2021, California implemented a law that forbids law enforcement from employing techniques that pose a significant risk of positional asphyxia, a condition where the body’s position obstructs breathing. Similarly, Minnesota enacted a ban on correctional officers utilizing prone restraint, unless it is deemed necessary to use deadly force.
The U.S. Department of Justice has been advising against the practice of using restraints since at least 1995 in order to prevent deaths in custody. Additionally, numerous local jurisdictions have implemented policies prohibiting its use.
According to the attorney general’s office in Washington, the use of hog-tying has been discouraged in its recently released model use-of-force policy in 2022. However, despite this recommendation, at least four local agencies still allow the practice, as indicated by the policies they submitted to the attorney general’s office in the same year.
The Pierce County Sheriff’s Department confirmed that they still permit the use of hog-tying, but they chose not to provide a comment regarding the bill. It is worth noting that one of the department’s deputies was involved in restraining Ellis, who tragically died while wearing a spit-hood that covered his face.
Ellis encountered a patrol car with Tacoma police officers Matthew Collins and Christopher Burbank, who are white, while walking home in March 2020. According to Burbank and Collins, Ellis allegedly attempted to enter a stranger’s car and subsequently assaulted the officers when confronted in the city, which is approximately 30 miles (50 kilometers) south of Seattle.
According to the statement, after the hobble was applied, Ellis ceased moving. The medical examiner concluded that his death was a homicide due to oxygen deprivation. Collins, Burbank, and Rankine, the three officers involved, faced charges of murder or manslaughter.
The defense attorneys contended that Ellis’ death was a result of methamphetamine intoxication and an underlying heart condition. In December, a jury found them not guilty.
Trudeau, who represents Tacoma, ensured that she had the endorsement of Ellis’ sister, Monet Carter-Mixon, before introducing the bill. Democratic Senator John Lovick, a former state trooper with over 30 years of experience, partnered with Trudeau to co-sponsor the bill.
Republican Representative Gina Mosbrucker, a member of the House public safety committee, expressed her anticipation to gain further knowledge about the proposed legislation.
According to the individual, if it is proven that using this particular method of restraining combative detainees poses any risk, the state should allocate funds and resources to explore and implement alternative techniques. This would ensure the safety of both the law enforcement officer and the individual being arrested.
The bill arrives a few years following a surge of ambitious police reform legislation that was approved in the state in 2021. The legislation mandated that officers employ force solely in situations where there was probable cause to effect an arrest or avert immediate harm. Additionally, it emphasized the use of suitable de-escalation techniques whenever feasible.
In the subsequent year, Democratic Governor Jay Inslee signed into law bills that addressed certain aspects of the legislation, clarifying that officers are permitted to use force in order to assist in detaining or transporting individuals experiencing behavioral health crises.
