The first conviction under a Washington state law that makes it easier to charge cops for on-duty homicides occurred Thursday when a suburban Seattle police officer was sentenced to more than 16 years in prison for the 2019 shooting death of a homeless man he was attempting to arrest for disorderly conduct.
On June 27, a jury convicted Auburn police officer Jeffrey Nelson of first-degree assault and second-degree murder in connection with Jesse Sarey’s death.
Nelson was given concurrent sentences of slightly over 16 1/2 years for the murder conviction and 6 1/2 years for the assault by King County Superior Court Judge Nicole Gaines Phelps.
Phelps reprimanded the 46-year-old officer for his violent behavior while in uniform before imposing a sentence at the high end of the typical range for Nelson.
According to Phelps, respect for the law in this place extends beyond you, Officer Nelson. Since this is the first time a police officer has been charged, it acts as a sort of telescope for others to observe how police behave and for police to remember to follow their training in order to avoid becoming deadly to themselves or to the people they have sworn to protect and serve.
As the judge talked, Nelson, who was sitting in a crowded courtroom wearing a red short-sleeve jail uniform, his arms tattooed, and his hair cropped short, remained emotionless. While Sarey’s friends and family occupied the opposite side of the courtroom, his wife and several Auburn police officers sat behind him in support.
Nelson repeatedly struck Sarey before shooting him in the abdomen, according to the prosecution’s testimony during the June trial. Nelson hit Sarey in the forehead a few seconds later. Video revealed that Sarey was on his back with his head turned away from Nelson following the initial shot, despite Nelson’s allegation that he shot him in self-defense when Sarey attempted to seize his gun and knife.
Nelson’s lengthy history of violence and disrespect for his training were cited by King County Special Prosecutor Patty Eakes, who asked the judge to sentence him to the higher end of the usual range: 18 years for murder and 10 years for the assault conviction.
Jesse Sarey was doing what? Eakes claimed to be drinking from trashed cups while sitting outside a supermarket. Other than drawing his revolver and shooting an unarmed individual in the stomach, he had other tools.
Sarey’s family, who included two brothers and a previous foster sister, told the judge that they were devastated by his horrific death at the hands of a police officer and were glad to see Nelson held responsible.
Justice for Jesse and all affected families in Washington state has been a six-year process! Sarey’s foster mother, Elaine Simmons, stated following the punishment.
Leesa Manion, the prosecuting attorney for King County, praised the penalty for demonstrating that Nelson’s conduct were within the bounds of the law.
“This is the first time an officer has been tried, convicted, and sentenced under the Washington state law that made it easier to prosecute officers for killings while on duty,” she said, adding that the punishment “reflects the very serious nature of Jeffrey Nelson’s crimes.”
The defense will appeal, according to Nelson attorney Emma Scanlan.
“His family has our sincerest condolences,” she wrote in an email. However, Officer Nelson’s constitutional rights were violated during this trial due to notable and unprecedented legal flaws. Police officers should receive the same fair treatment as everyone else when they are accused of a crime.
Since Washington voters eliminated a requirement in 2018 that prosecutors prove an officer acted maliciously—a requirement no other state had—this was the second case prosecuted. They must now demonstrate that the use of force was needless or unreasonable. Three Tacoma police officers were found not guilty by jury in December of the 2020 killing of Manuel Ellis.
Given that Nelson had served his community on innumerable occasions and prioritized the lives of strangers before his own, his attorneys had suggested the lowest feasible sentence of 6 1/2 years.
Natalie Mounts, Nelson’s wife, told the judge that Nelson was a good man who was needed by his family.
According to Mounts, he has a service-oriented heart and a desire to look after others. Jeff and I are deeply saddened for the Sarey family’s loss.
Nelson’s charity and work ethic were also praised by an Auburn police assistant chief and commander. However, Phelps chastised them for ignoring trial evidence that demonstrated Nelson’s violent tendencies and for lying to conceal it.
“That indicates to me that the Auburn Police Department will support anyone with a badge,” she said.
“Give a man power if you want to test his character,” she replied.
She added, “In this case, I would also give him power, a badge, and a gun.” When no one is looking, your character is what you are. Officer Nelson took advantage of the situation to hurt people when he believed that no one was watching.
Nelson killed Sarey as his third on-duty victim.
In 2017, Nelson murdered Isaiah Obet. Nelson gave the order for his police dog to attack Obet because he was acting strangely. After Obet hit the ground, he shot him in the head and then the chest. Obet possessed a knife and was under the influence of drugs, according to the police, putting Nelson’s life in jeopardy. The city reached a $1.25 million settlement with Obet’s family.
After stopping him for a burned-out headlight in 2011, Nelson pulled out a knife and refused to drop it, killing Vietnam War veteran Brian Scaman, who had mental health problems and a criminal record. He was shot in the head by Nelson. An inquest jury found Nelson not guilty.
In addition to paying about $2 million to resolve previous lawsuits involving Nelson’s activities as an officer, the City of Auburn reached a $4 million settlement with Sarey’s family. Nelson is still out of pay.
Kristen Murray, Nelson’s attorney, requested that the judge dismiss the assault charge because it constituted double jeopardy prior to sentencing. However, the judge upheld both counts, stating that jurors acknowledged that Nelson’s rifle jammed and that two rounds discharged seconds apart, which he cleared as distinct acts.
By Associated Press’s Martha Bellisle
