A police officer from a suburban area near Seattle is preparing to receive his sentence Thursday following the 2019 shooting death of Jesse Sarey, a 26-year-old homeless man. The incident occurred while Officer Jeffrey Nelson was attempting to arrest Sarey for disorderly conduct near a convenience store.
On June 27, a King County jury convicted Nelson of second-degree murder and first-degree assault, making it a notable case as it is the first conviction resulting from a Washington state law aimed at facilitating the prosecution of law enforcement officers involved in fatal on-duty incidents.
Prosecutors are seeking a substantial sentence for Nelson, advocating for the maximum duration within the standard range: 18 years for the murder charge and 10 years for the assault, with both sentences served concurrently, as outlined in their sentencing memorandum.
In the memorandum, King County Special Prosecutor Patty Eakes emphasized the importance of this sentencing, stating it would reflect Nelson’s history of violence towards vulnerable individuals, the severity of his actions, and the considerable harm inflicted on the community.
Conversely, Nelson’s legal representatives aim for the minimum sentence possible, which would be six and a half years. They contend that Nelson was a dedicated officer who consistently prioritized the safety of others. His lawyer, Kristen Murray, highlighted Nelson’s commitment to community service and implied that all he had done for the community was now overshadowed by this incident.
During the trial, jurors were informed that Nelson had arrived in response to reports of a disruptive individual at a shopping center in Auburn, approximately 28 miles south of Seattle. Nelson attempted to subdue Sarey, who refused to comply. In the course of the struggle, Nelson employed a hip-throw and struck Sarey seven times before pressing him against a wall, drawing his weapon, and shooting him. Sarey collapsed from the initial gunfire.
After clearing a jam in his firearm, Nelson aimed at Sarey’s forehead and fired again, although he claimed that Sarey was attempting to grab his gun, prompting him to fire in self-defense. However, this account was challenged by a witness present at the scene.
This case marks the second trial following the removal of a legal standard by Washington voters in 2018 that required prosecutors to demonstrate an officer acted with malice. The current criterion necessitates evidence that the use of force was unreasonable or unnecessary. In December, a different jury acquitted three Tacoma police officers involved in the 2020 death of Manuel Ellis.
Eakes stressed to the jury that Sarey’s death was the result of Nelson’s failure to follow proper procedures throughout the encounter. She labeled the shooting as “unnecessary, unreasonable, and unjustified.”
Sarey is the third individual Nelson has killed during his career in law enforcement. The jury was not presented with Nelson’s previous instances of fatal encounters.
Nelson had previously shot and killed Isaiah Obet in 2017, who was displaying erratic behavior. After unleashing his police dog on Obet, Nelson shot him in the torso and, despite him falling, fired again, resulting in Obet’s death. It was claimed at the time that Nelson was acting in self-defense as Obet was reportedly under the influence of substances and possessed a knife, leading to a $1.25 million settlement with Obet’s family.
In 2011, Nelson also fatally shot Brian Scaman, a Vietnam War veteran, after stopping Scaman for a vehicle infraction. When Scaman exited his car brandishing a knife, Nelson shot him in the head. An inquest jury found no wrongdoing on Nelson’s part.
Following the incident involving Sarey, the City of Auburn settled a civil rights claim brought by Sarey’s family for $4 million and has allocated nearly $2 million in settlements related to prior incidents involving Nelson. He is currently on unpaid leave from the Auburn police department.
