Auburn police officer found guilty of murder and assault

Jeff Nelson, an Auburn Police officer, was found guilty Thursday of murdering Jesse Sarey, five years after his death. Nelson was found guilty on two counts: second-degree murder and assault.

The city of Auburn responded In a press release, he referred to the ruling and said that a state certification hearing had been scheduled by the Washington State Criminal Justice Training Commission. The commissioner will decide whether Nelson’s certification should be denied, suspended or revoked.

“The City of Auburn respects the jury’s verdict in this tragic case,” the press release said.

The city said it has “worked tirelessly over the years to gain and maintain the trust of our community.” The city urged the public to respond peacefully and legally.

Jesse Sarey was shot in 2019

In 2019, Sarey reportedly had a crisis and allegedly threw trash, punched store windows and kicked cars in an Auburn shopping district. Nelson stated that Sarey did not comply with arrest, which led to a fight during which Nelson was seen on surveillance video striking Sarey multiple times in the head and torso. Nelson then pulled out his gun and shot Sarey in the torso.

After Sarey fell to the sidewalk, Nelson attempted to fire his gun again before it jammed. The video then shows Nelson unloading the cartridge, loading another bullet, and firing a second shot into Sarey’s head.

Sarey’s family told the Associated Press (AP) that he was the son of survivors of the Khmer Rouge genocide in Cambodia and became homeless after he could no longer be placed in foster care.

The case is the first of its kind in Washington, as Nelson was the first King County police officer charged with murder, and his case was also the first prosecuted under I-940, a police accountability measure passed in 2018.

“Today, history is being made in Washington state,” Sarey’s foster mother told a crowd of Sarey supporters in August 2020. “The first police officer in 30 years has been arrested and charged.”

Previous reporting: First murder trial of its kind against Auburn police officer set for early 2022

Trial begins in May 2024

Nelson’s trial, however, did not begin until May 2024. But before opening arguments could begin, Judge Nicole Gaines Phelps had to rule on a defense complaint about a juror. It turned out that the juror had communicated with Sarey’s foster mother.

The juror was replaced by an alternate juror and the prosecution began its opening statements. Prosecutor Angelo Calfo told the jury that this was a case about an unnecessary death.

“This is a case about a police officer who failed to follow his training and acted unreasonably. This is a case about a police officer, Jeff Nelson, who unnecessarily shot a homeless man named Jesse Sarey. A person who was unarmed,” Calfo said.

However, Nelson’s attorney Emma Scanlan told a different version of events. She told the jury that during the struggle, Sarey reached for Nelson’s gun and pulled a knife from his front pocket. She claimed Nelson thought Sarey had the knife and Nelson feared for his life.

On Monday, Nelson and Scanlan concluded their evidence without calling Nelson as a witness in his defense.

Former Pierce County District Attorney Mark Lindquist told KIRO Newsradio that Nelson’s decision not to testify left him with only one of two options.

“Either the defense is convinced of the prosecution’s weaknesses or they are very concerned about their client’s performance. The defense is not required to present testimony or evidence. The burden of proof rests entirely with the prosecution,” Lindquist said.

However, the defense called two witnesses – a records clerk and a holster expert.

However, at the beginning of the trial, Scanlan told jurors that they would hear Nelson’s testimony, which Lindquist said made his lack of testimony risky.

“Jurors have different expectations of a police officer. In addition, the defense told the jury in the opening statement that the police officer would explain what happened,” Lindquist said.

Closing arguments were heard on Thursday.

“The issue here is whether Officer Nelson had the right to defend himself when Mr. Sarey reached for his gun and ripped his knife from his uniform,” Nelson’s attorney Emma Scanlan told the jury.

Prosecutors argued that Sarey was not a threat, that he was unarmed, not aggressive and did not control the officer’s gun or knife. Prosecutor Calfo said Nelson made a decision.

“Time distance and cover. He could have kept his distance. He could have created distance. He could have used his training. And the scene we saw of the defendant sitting next to Mr. Sarey bleeding to death would not have happened,” Calfo said.

Trouble with the jury

Judge Nicole Gaines Phelps dismissed two jurors. Twelve were originally appointed to hear the case, along with two alternates. The alternates were dismissed, but their service did not end until a verdict was reached.

The trial was restructured on Wednesday after two jurors were accused of inappropriately discussing the case outside the courtroom where they were supposed to be deliberating. Two employees of the King County District Attorney’s Office testified that they overheard the jurors’ conversation. The employees then testified in court on Wednesday.

As the court deliberated the case, KIRO Newsradio learned that the jury had unanimously decided Tuesday on one of two counts – either the second-degree murder charge or the assault charge. KIRO Newsradio does not know which of the counts was the indictment, nor why the prosecution and defense were not informed of the decision.

Judge Nicole Gaines Phelps asked the foreman if he thought the jury could still reach a unanimous verdict on both counts. His answer was “yes.”

Nelson has used violence in the past

On Thursday, Nelson was found guilty of Sarey’s murder. Sarey’s death, however, was not Nelson’s first.

Before he shot Sarey, Nelson killed Isaiah Obet in 2017. Obet behaved erratically and Nelson ordered his police dog to attack, the AP reported. He then shot Obet in the upper body. Obet fell to the ground and Nelson fired again, fatally striking Obet in the head. Police said the officer’s life was in danger because Obet was under the influence of drugs and had a knife. The city reached a $1.25 million settlement with Obet’s family just days before he was charged in Sarey’s death.

In 2011, Nelson shot and killed Brian Scaman, a mentally ill and convicted Vietnam War veteran, after stopping Scaman’s vehicle for a burned-out headlight. According to the AP, Scaman got out of his car with a knife and refused to drop it; Nelson shot him in the head. An inquest jury cleared Nelson of any wrongdoing.

Contributors: Martha Bellisle, The Associated Press

You can read more stories by James Lynch here. Follow James on Xor send him an email here.

Julia Dallas is a content editor at MyNorthwest. You can read her stories here. Follow Julia on X Here and send her an email here.