After hours of testimony and arguments, Judge Bryan Chushcoff agreed to bring the jury in and let Veal take the stand, just before the noon break.
Ellis died March 3, 2020, after repeatedly telling officers he could not breathe while they applied pressure as he lay prone on the pavement. The Pierce County medical examiner ruled Ellis’ death a homicide caused by oxygen deprivation from physical restraint. Lawyers for the officers blame the death on a high level of methamphetamine in Ellis’ system combined with a heart irregularity.
“When any of us have a sense of shortness of breath, it is extremely distressing to most people,” he said, adding that the person often exhibits signs of anxiety and may physically act out. It's the sense that you're being smothered, he continued. “You can speak as long as you have a reservoir of gas in your chest,” he said. “You can do that a number of times before you could not refill your lungs and do it some more.”
Collins’ lawyer, Jared Ausserer, asked Veal to identify the point where Ellis became hypoxic, and Veal said it was after Ellis was briefly put in a recovery position and then rolled back onto his stomach with pressure on his back. Ausserer pointed out that Collins and Burbank were no longer involved in the restraint at that point, and Veal agreed.
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