Auburn cop convicted of murder won’t get new trial, judge rules

A Seattle-area cop found guilty of murder won't get a retrial, a King County Superior Court judge ruled on Friday. Auburn police officer Jeffrey Nelson, 46, was convicted in June of second-degree murder and first-degree assault in the 2019 killing of 26-year-old Jesse Sarey.

Following his conviction, Nelson's attorneys requested a new trial based on several procedural concerns during his first trial.

Nelson was the first officer in Washington state to be charged and convicted under a new legal standard for holding cops who use deadly force accountable. Initiative 940 removed the standard of proving an officer acted with “malice” to prosecute cops who kill while on duty. His trial was marked by several delays, taking place four years after he was charged and five years after Sarey's death.

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Nelson shot Sarey twice — once in the head and once fatally in the abdomen — in the parking lot of the Sunshine Grocery in Auburn as he responded to a call about Sarey behaving erratically on the premises of several businesses. Nelson's two convictions reflect each shot.

During jury deliberations, dozens of fliers detailing Nelson’s two previous deadly force incidents — from 2011 and 2017 — had been found in the courthouse parking garage. Those killings, for which Nelson was never prosecuted, were excluded from evidence in his trial over Sarey’s death.

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Judge Nicole Gaines Phelps expressed concern that jurors seeing and reading the fliers could be grounds for a mistrial, but no jurors reported seeing the fliers.

Then, the day before the jury read its verdict, a King County prosecutor reportedly overheard two jurors discussing the case in a courtroom hallway. That incident also raised questions about the integrity of the trial.

Elaine Simons, Sarey's former foster mother and an advocate for families impacted by police violence, expressed relief about Friday's ruling, but said she'd always had faith Nelson would be held accountable.

"I've always felt good about every step of the way," she told KUOW following the hearing. "I'm just ready for this to be put to rest so that other families can get justice too."

Nelson is being held in custody as he awaits sentencing, which is scheduled for Jan. 23.