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 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 an agreement on the murder charge. By Thursday, they had resolved their differences and found Nelson guilty on both counts.
Nelson, who has been on paid administrative leave since the incident, was taken into custody immediately following the verdict. 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 city of Auburn had previously settled a civil rights claim by Sarey’s family for $4 million and has paid nearly $2 million more to settle other litigation related to Nelson’s actions as a police officer.
Gary Damon, executive director of the Washington Coalition for Police Accountability, hailed the verdict as a significant step toward greater accountability for law enforcement officers. Leslie Cushman, who was involved in the campaign to change the state’s law to make it easier to charge officers, 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 thanked 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. “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 that required prosecutors to prove an officer acted with malice—a standard unique to Washington. Now, prosecutors must show 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 of 70,000 about 28 miles south of Seattle. Callers reported that the man appeared to be high or experiencing mental health issues.
Nelson confronted Sarey in front of 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. Sarey fell to the ground. Nelson’s gun jammed, but he cleared it, 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, leading to 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 allowed 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 prior uses of deadly force. Before fatally shooting Sarey, Nelson killed Isaiah Obet in 2017. Obet was acting erratically, and Nelson ordered his police dog to attack. He then shot Obet in the torso. Obet fell to the ground, and Nelson fired again, fatally shooting Obet in the head. Police claimed the officer’s life was in danger because Obet was high on drugs and had a knife. The city reached a settlement of $1.25 million with Obet’s family.
In 2011, Nelson fatally shot Brian Scaman, a Vietnam War veteran with mental issues and a history of felonies, after pulling Scaman’s vehicle over for a burned-out headlight. Scaman got out of his car with a knife and refused to drop it; Nelson shot him in the head. An inquest jury cleared Nelson of wrongdoing.
This conviction under the new law is seen as a pivotal moment in the ongoing efforts to hold law enforcement officers accountable for their actions while on duty.
Source: The Associated Press
