A police officer from a suburb of Seattle received a sentence exceeding 16 years in prison on Thursday for the fatal shooting of a homeless man during a disorderly conduct arrest in 2019. This case is significant as it represents the first conviction stemming from a new Washington state law designed to facilitate the prosecution of police officers involved in on-duty killings.
Officer Jeffrey Nelson of Auburn was convicted on June 27 of second-degree murder and first-degree assault for the death of Jesse Sarey. Judge Nicole Gaines Phelps of the King County Superior Court handed down a sentence of just over 16 and a half years for the murder charge and six and a half years for the assault charge. These sentences will be served concurrently.
During the sentencing, Judge Phelps admonished the 46-year-old officer for his violent conduct while serving in his role. “Respect for the law, here, goes beyond you, Officer Nelson,” she stated, emphasizing the case’s importance in reflecting on police behavior and reminding officers to adhere to their training to avoid lethal situations.
In the courtroom, Nelson, dressed in a red jail uniform adorned with tattoos, displayed no visible reaction to the judge’s remarks. His spouse and several fellow Auburn police officers supported him from the audience, while Sarey’s family and friends gathered on the opposite side of the courtroom.
Prosecutors described how, during the incident, Nelson struck Sarey multiple times before shooting him in the abdomen and subsequently in the forehead seconds later. Nelson argued that Sarey attempted to grab his weapon and a knife, necessitating self-defense. However, video evidence indicated that Sarey was lying on his back, facing away from Nelson after the initial shot was fired.
King County Special Prosecutor Patty Eakes urged the judge to impose a lengthy sentence, given Nelson’s extensive history of violence and failure to follow police protocols. She expressed dismay at Nelson’s actions, noting that Sarey was simply sitting outside a grocery store using discarded cups.
Sarey’s family, including his two brothers and a former foster sister, shared their grief with the judge, emphasizing the emotional toll his death had on their family. Elaine Simmons, Sarey’s foster mother, expressed gratitude for seeing justice served after a lengthy six-year process.
King County Prosecuting Attorney Leesa Manion praised the sentencing for underscoring that Nelson’s actions were not beyond legal accountability. She highlighted the significance of this case, as it is the first time an officer has faced charges, been convicted, and received a sentence under the new legislation designed to hold police accountable for their actions while on duty.
In response to the verdict, Nelson’s attorney, Emma Scanlan, announced plans to appeal the decision, arguing that significant legal errors occurred during the trial that compromised Nelson’s rights. She asserted that when officers are charged, they deserve the same fair treatment as any citizen.
This case is notable as it was the second trial following the 2018 change in Washington law, which eliminated a previous legal requirement for prosecutors to prove that an officer acted with malice, a unique standard not found in other states. The jurors previously acquitted three Tacoma police officers in the unrelated case of Manuel Ellis’s death in 2020.
Nelson’s legal counsel had requested the minimal sentence of 6 and a half years, arguing that he had previously dedicated himself to community service. In a show of support, Nelson’s wife, Natalie Mounts, appealed to the judge by highlighting his character, asserting that he often prioritized others over himself.
An assistant chief and another commander from the Auburn police department also spoke in support of Nelson, emphasizing his positive attributes. However, Judge Phelps countered their comments by indicating that they ignored evidence presented at trial regarding Nelson’s inclination towards violence and his attempts to cover it up. She expressed concern over the department’s apparent support for any officer as long as they held a badge.
Referring to Nelson’s previous conduct, which includes the killings of two other individuals while on duty, Judge Phelps highlighted the dangerous implications of giving someone power, a badge, and a gun without proper accountability. Nelson previously fatally shot Isaiah Obet in 2017 during an encounter where Obet was deemed a threat. The city had previously settled with Obet’s family for $1.25 million, and Nelson also shot Brian Scaman, a veteran, in 2011, clearing him of wrongdoing during an inquest.
Following the trial, the City of Auburn settled with Sarey’s family for $4 million and has paid nearly $2 million more in other settlements related to Nelson’s conduct as an officer. Currently, Nelson is on unpaid leave. In a pre-sentencing request, Nelson’s attorney sought to dismiss the assault charge on the grounds of double jeopardy, but the judge upheld both charges, recognizing the nature of the two shots fired as separate actions.
