A Washington police officer was convicted of murder for the first time since state law relaxed the prosecution of police officers

Author: Martha Bellisle
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SEATTLE – A jury found a suburban Seattle police officer guilty of murder Thursday in the 2019 shooting death of a homeless man outside a grocery store, marking the first conviction under a Washington state law making it easier to prosecute law enforcement officers for on-duty killings.

After three days of deliberations, a jury found Auburn police officer Jeffrey Nelson guilty of second-degree murder and first-degree assault for shooting Jesse Sarey twice while trying to arrest him for disorderly conduct. Deliberations were recessed for several hours Wednesday after the jury sent the judge an incomplete verdict form Tuesday that said it could not reach an agreement on one of the charges.

The judge revealed Thursday that the verdict the jury faced earlier this week was on the murder charge. They had already reached a deal on the assault charge.

Nelson was taken into custody after the hearing. He has been on paid administrative leave since the 2019 shooting. A judge set sentencing for July 16. Nelson faces up to life in prison on the murder charge and up to 25 years for first-degree assault. His lawyer said he plans to file a motion for a new trial.

Elaine Simons, who was Sarey’s foster mother, said the convictions provided resolution and peace for his family. Sarey was the son of survivors of the Khmer Rouge genocide in Cambodia and became homeless after leaving foster care, his family said.

“It’s been a long five years for the appearance of justice,” she told the Associated Press. “It’s set a precedent for police officers who do what’s right. The citizens of Auburn can feel safe.”

Auburn settles civil rights claim filed by Sarey’s family for $4 million and pays nearly $2 million more to resolve other lawsuits over Nelson’s actions as a police officer.

The King County Prosecutor’s Office thanked the jury for their efforts in the case, which has been ongoing for more than three weeks.

“We appreciate the hard work of all parties to reach these important verdicts,” spokesman Casey McNerthney wrote in an email. “We have believed all along that this is a case that should be tried by a jury. Our thoughts continue to be with Mr. Sarey’s loved ones.”

Prosecutors said Nelson hit Sarey several times before shooting him in the stomach. About three seconds later, Nelson shot Sarey in the forehead. Nelson claimed Sarey tried to grab his gun and knife, so he shot him in self-defense, but the footage showed Sarey lying on the ground, leaning away from Nelson after the first shot.

The case was the second to go to court since then Washington voters in 2018 removed a standard that required prosecutors to prove that an officer acted in bad faith – a standard that no other state has. Now they must show that the level of force was unreasonable or unnecessary. Jurors in December acquitted three Tacoma police officers in 2020, Manuel Ellis died.

Nelson responded to reports of a man throwing objects at cars, kicking walls and banging on windows in a shopping district in Auburn, a city of 70,000 people about 45 kilometers south of Seattle. Callers said the man appeared to be under the influence of alcohol or had mental problems.

Nelson confronted Sarey outside the store and attempted to handcuff him. When Sarey resisted, Nelson attempted to take Sarey down with a hip kick, then struck him seven times. He pinned Sarey against a wall, pulled out a gun, and shot him. Sarey fell to the ground.

Nelson’s gun jammed, he cleared it, looked around, then aimed it at Sarey’s forehead and fired again.

Witness Steven Woodard testified that after the first shot, “Mr. Sarey was ‘finished,’ lying on the ground in a non-threatening position.”

Nelson alleged that Sarey tried to grab the gun, which led to the first shot. He said he believed Sarey had his knife with him during the fight and shot him in self-defense. Authorities said the interaction lasted 67 seconds.

“Jesse Sarey died because the defendant ignored his training at every turn,” King County Special Prosecutor Patty Eakes said in her closing argument Thursday. The shooting was “unnecessary, unwise and unjustified,” she said.

Nelson’s attorney, Kristen Murray, told the jury they could defend themselves.

“When Mr. Sarey reached for Officer Nelson’s gun, a fatal struggle ensued,” she said.