Auburn Police Officer Jeffrey Nelson will be sentenced Thursday for the 2019 shooting death of Jesse Sarey, a 26-year-old homeless man. The sentencing follows Nelson’s conviction in June for second-degree murder and first-degree assault. The case marks the first conviction under Washington state’s updated legal standards for prosecuting on-duty police killings.
Prosecutors are seeking an 18-year prison sentence for the murder charge and an additional 10 years for assault, to be served concurrently. Nelson’s defense team, however, is pushing for the minimum sentence of six and a half years, citing his years of service and dedication to law enforcement.
The 2019 Shooting and Trial Details
Nelson was found guilty of fatally shooting Sarey outside a convenience store in Auburn, about 28 miles south of Seattle. Responding to reports of Sarey acting disorderly by throwing objects and banging on windows, Nelson attempted to arrest him. During the encounter, Sarey resisted, leading Nelson to use physical force, including punches and a hip throw, before pulling his gun.
Nelson shot Sarey once in the torso, claiming he believed Sarey had grabbed his knife. After his gun jammed, Nelson cleared it, aimed, and fired a second shot into Sarey’s forehead. A witness at the scene disputed Nelson’s claim that Sarey reached for his weapon.
“Jesse Sarey died because this defendant chose to disregard his training at every step of the way,” Special Prosecutor Patty Eakes said during the trial, calling the shooting “unnecessary, unreasonable, and unjustified.”
Impact of Washington’s Revised Standards for Police Accountability
This case is one of the first tests of Washington’s revised standards for prosecuting police officers, following a 2018 voter-approved initiative that removed the requirement to prove officers acted with malice. Instead, prosecutors must now demonstrate that an officer’s use of force was unreasonable or unnecessary.
The jury’s conviction of Nelson contrasts with a previous high-profile case under the same law, in which Tacoma officers were acquitted in the 2020 death of Manuel Ellis.
Nelson’s History of Deadly Force
Sarey was the third person Nelson has fatally shot during his career. In 2017, he shot and killed Isaiah Obet, who was reportedly high on drugs and carrying a knife. A police dog was ordered to attack before Nelson shot Obet in the torso and fatally shot him in the head. The city settled with Obet’s family for $1.25 million.
In 2011, Nelson fatally shot Brian Scaman, a Vietnam War veteran, after a traffic stop. Scaman, holding a knife, refused commands to drop it, leading Nelson to shoot him in the head. An inquest cleared Nelson of wrongdoing in that case.
Legal Fallout
The City of Auburn settled a civil rights lawsuit filed by Sarey’s family for $4 million, adding to nearly $2 million in payouts related to other claims against Nelson. He remains on unpaid leave from the Auburn Police Department.
