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.
“Respect for the law, here, goes more beyond you, Officer Nelson,” Phelps stated. “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.”
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.
“What was Jesse Sarey doing? Sitting outside of a grocery store drinking from discarded cups,” Eakes stated. “He had other tools other than pulling out his gun and shooting an unarmed person in the stomach.”
Two brothers and a former foster sister were among Sarey’s family members who told the judge that they were devastated by his horrific death at the hands of a police officer and were glad to see Nelson punished responsible.
“Six years in the making to see justice not only for Jesse but for all impacted families in Washington state!” Sarey’s foster mother, Elaine Simmons, stated following the punishment.
Nelson’s acts “were not above the law,” according to King County Prosecuting Attorney Leesa Manion, who praised the penalty.
In her statement, she stated, “The sentence reflects the very serious nature of Jeffrey Nelson’s crimes.” She also noted that this was the first time an officer had been tried, found guilty, and sentenced under a Washington state statute that made it easier for prosecutors to prosecute officers for killings committed while on duty.
The defense will appeal, according to Nelson attorney Emma Scanlan.
Nelson has served his community “on countless occasions, placed the lives of strangers above his own,” according to Nelson’s attorneys, who had suggested the lowest feasible sentence of 6 1/2 years.
Nelson’s wife, Natalie Mounts, told the judge that his family needed him and that he was a good man.
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.
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. Obet’s family and the city reached a $1.25 million settlement.
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 conduct 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 understood that two shots fired seconds apart, following Nelson’s gun jamming and his clearing it, as distinct events.