Auburn Cop Convicted of Murder and Assault Is First Sentenced Under 2018 Accountability Law
By Andrew Engelson
King County Superior Court judge Nicole Gaines Phelps sentenced Auburn police officer Jeffrey Nelson to 16 years and 8 months prison for the 2019 fatal shooting of Jesse Sarey, a 26-year-old homeless man who was experiencing a mental health crisis. In June, a jury convicted Nelson of second-degree murder and first-degree assault, making it the first conviction under Washington’s police accountability law, which went into effect in 2019.
Nelson was first charged in 2020, but the case was plagued by delays including a pause during the COVID-19 pandemic.
Phelps’s sentence was not as severe as the prosecution had asked for, but was at the high end of the range. Addressing Nelson directly, Judge Phelps said, “You failed to follow your training. You failed to de-escalate or do something else.”
Phelps was referring to Initiative 940, a voter initiative that passed in 2018. I-940 removed the high bar of “malice” or “bad faith” previously required to prosecute police officers for misconduct, saying, “The law people voted for is about this type of situation.” She noted, “You were a police officer. You had a duty under the Washington state constitution to protect and serve.”
“You will be away from society for a significant amount of time,” the judge told Nelson. “You will never have a gun or badge again.”
According to court testimony and footage from a video surveillance camera, Nelson shot Sarey twice. The second-degree murder charge was for the first, fatal shot. Prosecutors brought the first-degree assault charge for Nelson’s second shot to Sarey’s head, which testimony and video indicated happened after Nelson paused to clear his gun of a jam and as Sarey was lying incapacitated on the pavement.
“[Sarey] wasn’t a danger to himself or others.” Phelps said.
Phelps also criticized the Auburn police department for defending Nelson, even though testimony showed he had a long history of excessive use of force. Sarey’s killing was the third time Nelson had killed someone as an officer. During a traffic stop in 2011, Nelson fatally shot Brian Scaman, and in 2017 he fatally shot Isaiah Obet, leading to an unusually speedy $1.25 million court settlement.
“This officer has a past that no one in the department acknowledged,” Phelps said, noting that this sent a message that “the Auburn police Department will stand behind an officer no matter what.”
The trial was the second prosecution under I-940, and the first conviction. In December 2023, a jury found three Tacoma officers not guilty of manslaughter and murder in the death of 33-year-old Manuel Ellis.
King County Prosecuting Attorney Leesa Manion said in a statement, “The sentence reflects the very serious nature of Jeffrey Nelson’s crimes. We have always known how impactful this case is to the individuals involved and to the community as a whole. Our thoughts continue to be with the family and loved ones of Jesse Sarey.”