By Hallie Golden
Associated Press
SEATTLE 鈥� Washington state lawmakers are expected to consider a proposal Monday to prohibit police from hog-tying suspects, nearly four years after , a 33-year-old Black man, died facedown with his hands and feet cuffed together behind him in a case that became a touchstone for racial justice demonstrators in the Pacific Northwest.
The restraint technique has long drawn concern due to the risk of suffocation, and while many cities and counties have banned the restraint technique, it remains in use in others.
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Democratic Sen. Yasmin Trudeau, who , said she doesn鈥檛 want anyone else to experience the 鈥渄ehumanization鈥� Ellis faced before his death.
鈥淗ow do we move through the need for folks to enforce the laws, but do it in a way where they鈥檙e treating people the way we expect, which is as human beings?鈥� she said.
In the last four years, states across the U.S. have rushed to pass , prompted by racial injustice protests and the death of and others at the hands of law enforcement. Few have banned prone restraint, according to the National Conference of State Legislatures.
California prohibited law enforcement in 2021 that 鈥渋nvolve a substantial risk of positional asphyxia,鈥� in which the body鈥檚 position hinders the ability to breathe. That same year, Minnesota banned correctional officers from using prone restraint unless 鈥渄eadly force is justified.鈥�
The U.S. Department of Justice has recommended against the practice since at least 1995 to avoid deaths in custody, and it.
More on positional asphyxia:
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- Body-worn camera footage shows Baltimore medic warning about positional asphyxia
- Prone positioning: Therapy or apathy?
The attorney general鈥檚 office in Washington recommended against using hog-tying in its model use-of-force policy released in 2022. At least four local agencies continue to permit it, according to policies they submitted to the attorney general鈥檚 office that year.
The Pierce County Sheriff鈥檚 Department said it still allows hog-tying but declined to comment on the bill. One of the department鈥檚 deputies was involved in restraining Ellis, whose face was covered by a spit-hood when he died.
Ellis was when he passed a patrol car with Tacoma police officers Matthew Collins and Christopher Burbank, who are white. Burbank and Collins said Ellis tried to get into a stranger鈥檚 car and then attacked the officers when they confronted him in the city about 30 miles (50 kilometers) south of Seattle.
Witnesses said the officers jumped out of their car as Ellis walked by and knocked him to the ground.
He was shocked and beaten. Officers wrapped a hobble restraint device around his legs and linked it to his handcuffs behind his back while he remained in the prone position, according to a filed by the Washington attorney general鈥檚 office.
After the hobble was applied, Ellis stopped moving, the statement said.
A medical examiner ruled his death a homicide caused by lack of oxygen. Collins, Burbank and a third officer, Timothy Rankine, were charged with murder or manslaughter. Defense attorneys argued Ellis鈥� death was caused by methamphetamine intoxication and a heart condition, and a jury in December.
Trudeau, who represents Tacoma, said she made sure Ellis鈥� sister, Monet Carter-Mixon, approved of her efforts before introducing the bill.
Democratic Sen. John Lovick, who worked as a state trooper for more than 30 years, joined Trudeau in sponsoring the bill.
Republican Rep. Gina Mosbrucker, a member of the House public safety committee, said she looked forward to learning more about the legislation.
鈥淚f it does turn out that this form of restraint for combative detainees is dangerous in any way, then I think the state should put together a grant and some money to buy and train on alternative methods to make sure that the officer and the person arrested is safe,鈥� she said.
The bill comes a few years after a wave of passed in the state in 2021.
The legislation included requirements that officers could use force only when they had probable cause to make an arrest or to prevent imminent injury, and required them to use appropriate de-escalation tactics if possible.
The following year, Democratic Gov. Jay Inslee approved bills fixing some elements of that legislation, including making it clear officers may use force to help detain or transport people in behavioral health crises.
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