A jury on Thursday found a Seattle suburban police officer guilty of murder for shooting a homeless man outside a supermarket in 2019. It was the first conviction under a Washington state law that makes it easier to prosecute police officers for killings in the line of duty.
After three days of deliberations, the jury found Auburn police Officer Jeffrey Nelson guilty of second-degree murder and first-degree assault for shooting Jesse Sarey twice while attempting to arrest him for disturbing the peace. Deliberations were adjourned for several hours on Wednesday after the jury sent the judge an incomplete verdict form on Tuesday, saying they could not agree on one of the charges.
The judge announced on Thursday that the jury had agreed on the murder charge earlier this week. They had already agreed on the assault charge.
Nelson was taken into custody after the hearing. He has been on leave since the 2019 shooting. The judge scheduled sentencing for July 16. Nelson faces life in prison for murder and up to 25 years for first-degree assault. His attorney said she plans to file a motion for a retrial.
Elaine Simons, who had been Sarey’s foster mother, said the guilty verdicts had brought peace and peace to his family. Sarey was the son of survivors of the Khmer Rouge genocide in Cambodia and became homeless after being released from foster care, his family said.
“It’s been a long five years for some semblance of justice,” she told the Associated Press. “It has set a precedent for police officers to do the right thing. The citizens of Auburn can feel safe.”
Auburn settled a civil claim brought by Sarey’s family for $4 million and paid nearly $2 million more to settle other litigation. about Nelson’s actions as a police officer.
Gary Damon, executive director of the Washington Coalition for Police Accountability, a group of families who have lost loved ones to police violence, said the ruling was an important step toward greater accountability for police officers. Leslie Cushman, who was involved in the campaign to change state law to make it easier to bring charges against police officers, said the trial was significant.
“If things had gone differently, we would have experienced a severe disillusionment,” said Cushman. “This is good news and a confirmation for all those who stand up for justice.”
The King County District Attorney’s Office thanked the jury for their efforts in this case, which has dragged on for more than three weeks.
“We appreciate the hard work of all parties that led to these important verdicts,” spokesman Casey McNerthney said in an email. “We have believed all along that this case should go before a jury. Our thoughts continue to be with Mr. Sarey’s family.”
Prosecutors say Nelson hit Sarey several times before shooting him in the stomach. About three seconds later, Nelson shot Sarey in the forehead. Nelson had claimed that Sarey tried to grab his gun and a knife from him, so he shot him in self-defense, but video showed that Sarey was on the ground leaning away from Nelson after the first shot.
The case was the second to come to court since Washington voters in 2018 has eliminated a standard that required prosecutors to prove that an officer acted maliciously – a standard that no other state had. Now they must prove that the level of force was unreasonable or unnecessary. In December, jurors Three police officers from Tacoma acquitted in 2020 on the death of Manuel Ellis.
Nelson was responding to reports that a man was throwing things at cars, kicking walls and hitting 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 high or having mental health issues.
Nelson confronted Sarey outside the store and attempted to handcuff him. When Sarey resisted, Nelson attempted to knock Sarey down with a hip throw and then punched him seven times. He pushed Sarey against the wall, drew his gun and shot him. Sarey fell to the ground.
Nelson’s gun jammed, he took the safety off, looked around, then aimed at Sarey’s forehead and fired again.
A witness, Steven Woodard, testified that after the first shot, Mr. Sarey was “finished” and was lying on the ground in a non-threatening position.
Nelson claimed Sarey tried to wrestle his gun, which led to the first shot. He said he believed Sarey had his knife with him during the struggle and that he shot him in self-defense. Authorities said the altercation lasted 67 seconds.
“Jesse Sarey died because this defendant chose to disregard his training at every turn,” King County Special Prosecutor Patty Eakes told the jury in her closing argument Thursday. The shooting was “unnecessary, unreasonable and unjustified,” she said.
Nelson’s attorney Kristen Murray told jurors they were allowed to defend themselves.
“When Mr. Sarey attempted to reach for Officer Nelson’s weapon, the situation escalated into a deadly altercation,” she said.
Sarey was the third person Nelson killed in his career as a police officer. Jurors heard no evidence about Nelson’s previous use of deadly force.
Before he shot Sarey, Nelson killed Isaiah Obet in 2017. Obet began to behave erratically and Nelson ordered his police dog to attack. He then shot Obet in the upper body. Obet fell to the ground and Nelson shot again, fatally hitting Obet in the head. Police said the officer’s life was in danger because Obet was under the influence of drugs and had a knife. The city agreed to a $1.25 million settlement with Obet’s family.
In 2011, Nelson shot and killed Brian Scaman, a mentally ill and convicted Vietnam War veteran, after stopping Scaman’s vehicle 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 any wrongdoing.
