KENT, WA - Auburn Police Department's Officer Jeffrey Nelson, 45, was found guilty of murder and assault related to the officer-involved-shooting death of Jesse Sarey, 26, incident to a 2019 attempted arrest for disorderly conduct in front of a grocery store.
The conviction of Nelson represents the first successful prosecution of a police officer under Washington's controversial 2018 Initiative 940 law and its revision in 2019 which eroded the state's qualified immunity protections for police.
As reported by The Seattle Times, in a statement taken four weeks after the May 31, 2019 incident, Nelson testified that Sarey had attempted to seize his service firearm during the attempted arrest. During arguments before the court, his attorneys argued that the suspect had managed to get hold of a folding utility knife from his police vest and was moving to stab the officer.
The outlet reported that the jury, composed of six men and six women at the Maleng Regional Justice Center, rejected Nelson's defense after viewing surveillance footage of the incident and hearing testimony from two eyewitnesses when he fired on Sarey twice, striking him in the abdomen and the head.
Per The Associated Press, the judge revealed on Thursday that jurors struggled with the murder charge, but had already reached a verdict on the assault charge. Deliberations were reportedly halted for several hours on Wednesday when the jury sent the judge an incomplete verdict form indicating the deadlock.
The AP expanded on the prosecutor's arguments which claimed Nelson repeatedly punched Sarey prior to shooting him and three seconds later shot him in the forehead. Nelson, however, maintained that Sarey attempted to grab both his gun and knife and he fired in self-defense.
The outlet described the altercation in detail writing, saying, "Nelson confronted Sarey in front of the store and attempted to get him into handcuffs. When Sarey resisted, Nelson tried to take Sarey down with a hip-throw and then punched him seven times. He pinned Sarey against the wall, pulled out his gun and shot him. Sarey fell to the ground.
"Nelson’s gun jammed, he cleared it, looked around and then aimed at Sarey’s forehead, firing once more."
One witness, Steven Woodard, testified before the court that after the first shot, "Mr. Sarey was ‘done,’ lying on the ground in a nonthreatening position." The entire incident lasted 67 seconds, according to prosecutors.
⚠️ WARNING ⚠️ : The following video contains graphic, violent content that viewers may find disturbing. Viewer discretion is advised.
Nelson has been with the Auburn Police Department for 12 years and was decorated previously for Valor. This was his third fatal shooting incident.
His attorney said she plans to file a motion for a new trial. The officer's sentencing is set for July 16th and he faces life in prison for the murder charge as well as 25 years for assault in the first degree. The City of Auburn settled a civil rights claim with Sarey's family for $4 million before the conclusion of the trial.
According to King5 News, Initiative 940 went to the legislature in it's original form in 2017 to remove the state law requirement that an officer be found to have acted with malice. The initiative was passed in 2018 also requiring officers to receive training in violence de-escalation, mental health, first aid, and adding a "good faith" standard to use of force scenarios.
In 2019, a bill amending the law was passed and signed into law, converting the "good faith" requirement into a "reasonability" standard, requiring that a "reasonable officer" in the same situation would also apply deadly force.
Nelson is the first officer to be convicted under the new standard in the nation.
The conviction of Nelson represents the first successful prosecution of a police officer under Washington's controversial 2018 Initiative 940 law and its revision in 2019 which eroded the state's qualified immunity protections for police.
As reported by The Seattle Times, in a statement taken four weeks after the May 31, 2019 incident, Nelson testified that Sarey had attempted to seize his service firearm during the attempted arrest. During arguments before the court, his attorneys argued that the suspect had managed to get hold of a folding utility knife from his police vest and was moving to stab the officer.
The outlet reported that the jury, composed of six men and six women at the Maleng Regional Justice Center, rejected Nelson's defense after viewing surveillance footage of the incident and hearing testimony from two eyewitnesses when he fired on Sarey twice, striking him in the abdomen and the head.
Per The Associated Press, the judge revealed on Thursday that jurors struggled with the murder charge, but had already reached a verdict on the assault charge. Deliberations were reportedly halted for several hours on Wednesday when the jury sent the judge an incomplete verdict form indicating the deadlock.
The AP expanded on the prosecutor's arguments which claimed Nelson repeatedly punched Sarey prior to shooting him and three seconds later shot him in the forehead. Nelson, however, maintained that Sarey attempted to grab both his gun and knife and he fired in self-defense.
The outlet described the altercation in detail writing, saying, "Nelson confronted Sarey in front of the store and attempted to get him into handcuffs. When Sarey resisted, Nelson tried to take Sarey down with a hip-throw and then punched him seven times. He pinned Sarey against the wall, pulled out his gun and shot him. Sarey fell to the ground.
"Nelson’s gun jammed, he cleared it, looked around and then aimed at Sarey’s forehead, firing once more."
One witness, Steven Woodard, testified before the court that after the first shot, "Mr. Sarey was ‘done,’ lying on the ground in a nonthreatening position." The entire incident lasted 67 seconds, according to prosecutors.
“Jesse Sarey died because this defendant chose to disregard his training at every step of the way,” King County Special Prosecutor Patty Eakes told the jury Thursday according to KOMO. She argued that the shooting was “unnecessary, unreasonable and unjustified."
Nelson's attorney Kristen Murray countered that police are allowed to defend themselves, saying, "When Mr. Sarey went for Officer Nelson’s gun, he escalated it to a lethal encounter."
⚠️ WARNING ⚠️ : The following video contains graphic, violent content that viewers may find disturbing. Viewer discretion is advised.
Nelson has been with the Auburn Police Department for 12 years and was decorated previously for Valor. This was his third fatal shooting incident.
His attorney said she plans to file a motion for a new trial. The officer's sentencing is set for July 16th and he faces life in prison for the murder charge as well as 25 years for assault in the first degree. The City of Auburn settled a civil rights claim with Sarey's family for $4 million before the conclusion of the trial.
According to King5 News, Initiative 940 went to the legislature in it's original form in 2017 to remove the state law requirement that an officer be found to have acted with malice. The initiative was passed in 2018 also requiring officers to receive training in violence de-escalation, mental health, first aid, and adding a "good faith" standard to use of force scenarios.
In 2019, a bill amending the law was passed and signed into law, converting the "good faith" requirement into a "reasonability" standard, requiring that a "reasonable officer" in the same situation would also apply deadly force.
Nelson is the first officer to be convicted under the new standard in the nation.
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Comments
2024-06-30T17:02-0400 | Comment by: Keith
Officers, flee the state of WA and go to a state that appreciates law enforcement. Let WA pander to criminals, without any law enforcement to protect them, and let it play out. The ending is predictable to all but the state's leaders and those that voted them in. For those that choose to stay, simply observe and report. Don't intervene, it's not worth the risk.
2024-06-30T17:05-0400 | Comment by: Keith
Officers, flee the state of WA and go to a state that appreciates law enforcement. Let WA pander to criminals, without any law enforcement to protect them, and let it play out. The ending is predictable to all but the state's leaders and those that voted them in. For those that choose to stay, simply observe and report. Don't intervene, it's not worth the risk.