AUBURN, WA - Former Auburn Police Officer Jeffrey Nelson was found guilty by a Washington State court and sentenced to 16 years in prison on Thursday in connection to the death of a homeless man who was shot while resisting arrest for disorderly conduct.
As previously reported by Law Enforcement Today, Nelson, 45, was convicted of murder in the second-degree and first-degree assault for the officer-involved-shooting death of 26-year-old Jesse Sarey during an attempt to arrest the deceased for disorderly conduct outside an Auburn grocery store.
The conviction of Nelson represented the first successful prosecution of a police officer for a death occurring in the course of duty under the 2018 Initiative 940 law and its revision in 2019 which effectively eliminated qualified immunity protections for law enforcement in Washington state. Under the new law, the “good faith” standard for police action was tossed out in favor of an amorphous “reasonability” standard requiring that a "reasonable officer" in the same situation would also apply deadly force.
According to Fox13, King County Superior Court Judge Nicole Gaines Phelps sentenced Nelson to a lengthier sentence on the high end of the sentencing guidelines with concurrent sentences of 16.6 years for murder and 6.5 years for assault. The outlet noted that Phelps openly admonished the officer for his conduct. Based on her comments she seemed pleased with the precedent-setting ruling.
"Respect for the law, here, goes more beyond you, Officer Nelson," the judge scolded. "This is the first case in which a police officer was charged and it in some ways serves as a telescope for others to view police conduct and for police to remember to abide by their training when engaging in situations so that they do not become lethal to them or to others they are sworn to protect and serve."
When an Auburn police assistant chief and commander testified to Nelson’s generosity and work ethic, the Judge publicly reprimanded them, saying, "That tells me that the Auburn Police Department will stand by anyone and everyone as long as they have a badge."
Nelson, a 12-year veteran officer and decorated for valor showed little emotion in the courtroom as his family and fellow officers sat behind him in support.
During the fatal encounter with Sarey, Prosecutors told the court that Nelson had stricken Sarey several times before shooting him in the abdomen, shooting him in the head a few seconds later. This, however, differed significantly from the officer’s account. Nelson testified that Sarey had attempted to strip the officer of his gun and reached for a knife as well, leading him to shoot the man in self-defense.
Nelson's attorney Kristen Murray made the clear argument that police are allowed to defend themselves, saying, "When Mr. Sarey went for Officer Nelson’s gun, he escalated it to a lethal encounter."
Before Nelson’s sentencing, Murray asked Judge Phelps to throw out the assault charge against him arguing that both shots contributed to the murder charge and a separate charge of assault constitutes double jeopardy. Phelps however allowed the two counts to stand under the prosecutor’s argument that the jury recognized the two shots fired as separate actions.
Murray told the press in June that she intends to seek a new trial for her client.
As previously reported by Law Enforcement Today, Nelson, 45, was convicted of murder in the second-degree and first-degree assault for the officer-involved-shooting death of 26-year-old Jesse Sarey during an attempt to arrest the deceased for disorderly conduct outside an Auburn grocery store.
The conviction of Nelson represented the first successful prosecution of a police officer for a death occurring in the course of duty under the 2018 Initiative 940 law and its revision in 2019 which effectively eliminated qualified immunity protections for law enforcement in Washington state. Under the new law, the “good faith” standard for police action was tossed out in favor of an amorphous “reasonability” standard requiring that a "reasonable officer" in the same situation would also apply deadly force.
According to Fox13, King County Superior Court Judge Nicole Gaines Phelps sentenced Nelson to a lengthier sentence on the high end of the sentencing guidelines with concurrent sentences of 16.6 years for murder and 6.5 years for assault. The outlet noted that Phelps openly admonished the officer for his conduct. Based on her comments she seemed pleased with the precedent-setting ruling.
"Respect for the law, here, goes more beyond you, Officer Nelson," the judge scolded. "This is the first case in which a police officer was charged and it in some ways serves as a telescope for others to view police conduct and for police to remember to abide by their training when engaging in situations so that they do not become lethal to them or to others they are sworn to protect and serve."
When an Auburn police assistant chief and commander testified to Nelson’s generosity and work ethic, the Judge publicly reprimanded them, saying, "That tells me that the Auburn Police Department will stand by anyone and everyone as long as they have a badge."
Nelson, a 12-year veteran officer and decorated for valor showed little emotion in the courtroom as his family and fellow officers sat behind him in support.
During the fatal encounter with Sarey, Prosecutors told the court that Nelson had stricken Sarey several times before shooting him in the abdomen, shooting him in the head a few seconds later. This, however, differed significantly from the officer’s account. Nelson testified that Sarey had attempted to strip the officer of his gun and reached for a knife as well, leading him to shoot the man in self-defense.
Nelson's attorney Kristen Murray made the clear argument that police are allowed to defend themselves, saying, "When Mr. Sarey went for Officer Nelson’s gun, he escalated it to a lethal encounter."
Before Nelson’s sentencing, Murray asked Judge Phelps to throw out the assault charge against him arguing that both shots contributed to the murder charge and a separate charge of assault constitutes double jeopardy. Phelps however allowed the two counts to stand under the prosecutor’s argument that the jury recognized the two shots fired as separate actions.
Murray told the press in June that she intends to seek a new trial for her client.
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Comments
2025-01-27T19:13-0500 | Comment by: arthur
This is a horrible ruling, and I can't understand for the life of me why a jury would even for a second find against this office, and would not understand why he couldn't defend against an armed attack. This will make other officers afraid to defend themselves in the future. She shouldn't even be on the bench...
2025-01-27T19:14-0500 | Comment by: arthur
This is a horrible ruling, and I can't understand for the life of me why a jury would even for a second find against this office, and would not understand why he couldn't defend against an armed attack. This will make other officers afraid to defend themselves in the future. She shouldn't even be on the bench...
2025-01-28T13:47-0500 | Comment by: Marshall
This officer is guilty. Watched the video of the incident. A passerby picked up the knife and placed it on a car out of reach by the “suspect.” The office shot the suspect in the gut. The suspect went down. The officer tried to shoot again but his pistol jammed so he cleared it, which took a couple of seconds, and shot the suspect in the head while the suspect was still down on the ground not resisting. Two times previously this officer has shot and killed people he claimed were attacking him. Coincidentally, those were both head shots as well. What are the odds? I’m thinking he murdered more than one individual.
2025-01-31T14:54-0500 | Comment by: thomas
Pres Trump we need another pardon