In a landmark decision, a jury has found Auburn Police Officer Jeffrey Nelson guilty of second-degree murder and first-degree assault in the 2019 shooting death of Jesse Sarey, a homeless man. This conviction marks the first under a revised Washington state law that eases the prosecution of law enforcement officers for on-duty killings.
The jury deliberated for three days before reaching their verdict. Deliberations were temporarily halted when the jury sent an incomplete verdict form to the judge, indicating they were initially unable to reach a consensus on one of the charges. The judge later revealed that the charge in question was the murder charge, while the jury had already agreed on the assault charge.
Nelson, who has been on paid administrative leave since the incident, was taken into custody following the hearing. His sentencing is scheduled for July 16, where he faces up to life in prison for the murder charge and up to 25 years for first-degree assault. Nelson’s lawyer has indicated plans to file a motion for a new trial.
Elaine Simons, who had been Sarey’s foster mother, expressed relief at the verdict, stating it provided a sense of resolution and peace for Sarey’s family. Sarey, the son of survivors of the Khmer Rouge genocide in Cambodia, became homeless after aging out of foster care.
“This has been a long five years for a semblance of justice,” Simons told The Associated Press. “It has set a precedent for police officers to do what is right. The citizens of Auburn can have a sense of safety.”
The case has been significant for advocates of police accountability. Gary Damon, executive director of the Washington Coalition for Police Accountability, called the verdict a crucial step toward greater accountability for officers. Leslie Cushman, who was involved in the campaign to change the state’s law, emphasized the trial’s importance.
“Had this gone the other way, we would have had a serious disillusionment,” Cushman said. “This is good news and affirming for all who stand for justice.”
The King County Prosecuting Attorney’s office expressed gratitude to the jury for their efforts in a case that spanned over three weeks. “We appreciate the hard work of all parties to get to these important verdicts,” spokesman Casey McNerthney said in an email. “All along we felt this was a case that needed to be tried before a jury. Our thoughts continue to be with Mr. Sarey’s loved ones.”
Prosecutors detailed the events leading to Sarey’s death, stating that Nelson punched Sarey several times before shooting him in the abdomen. Approximately three seconds later, Nelson shot Sarey in the forehead. Nelson claimed he acted in self-defense, alleging that Sarey tried to grab his gun and a knife. However, video evidence showed Sarey was on the ground, reclining away from Nelson after the first shot.
This case is only the second to go to trial since Washington voters in 2018 removed a standard requiring prosecutors to prove an officer acted with malice—a standard unique to Washington. Now, prosecutors must demonstrate that the level of force used was unreasonable or unnecessary. In December, jurors acquitted three Tacoma police officers in the 2020 death of Manuel Ellis.
Nelson had responded to reports of a man throwing objects at cars, kicking walls, and banging on windows in a shopping area in Auburn, a city about 28 miles south of Seattle. Callers reported that the man appeared to be high or experiencing mental health issues.
Nelson confronted Sarey outside a convenience store and attempted to handcuff him. When Sarey resisted, Nelson tried to subdue him with a hip-throw and then punched him seven times. He pinned Sarey against the wall, drew his gun, and shot him. After Sarey fell to the ground, Nelson’s gun jammed. He cleared the jam, looked around, and then aimed at Sarey’s forehead, firing once more.
A witness, Steven Woodard, testified that after the first shot, “Mr. Sarey was ‘done,’ lying on the ground in a nonthreatening position.” Nelson maintained that Sarey tried to grab his gun, prompting the first shot. He also believed Sarey had possession of his knife during the struggle and claimed he shot him in self-defense. Authorities have stated that the entire interaction lasted 67 seconds.
“Jesse Sarey died because this defendant chose to disregard his training at every step of the way,” King County Special Prosecutor Patty Eakes told the jury in her closing argument. The shooting was “unnecessary, unreasonable, and unjustified,” she said.
Nelson’s attorney, Kristen Murray, argued that officers are permitted to defend themselves. “When Mr. Sarey went for Officer Nelson’s gun, he escalated it to a lethal encounter,” she said.
Sarey was the third person Nelson has killed in his law enforcement career. Jurors were not informed about Nelson’s previous uses of deadly force. In 2017, Nelson fatally shot Isaiah Obet, who was acting erratically. Nelson ordered his police dog to attack Obet, then shot him in the torso. After Obet fell to the ground, Nelson shot him in the head. The city settled with Obet’s family for $1.25 million.
In 2011, Nelson fatally shot Brian Scaman, a Vietnam War veteran with mental health issues, after pulling him over for a burned-out headlight. Scaman exited his vehicle with a knife and refused to drop it, leading Nelson to shoot him in the head. An inquest jury cleared Nelson of wrongdoing in that case.
The conviction of Jeffrey Nelson is a significant milestone in the ongoing efforts to hold law enforcement officers accountable for their actions, particularly in cases involving the use of deadly force.
Source: Associated Press
