Jesse Sarey. Courtesy photo

Jesse Sarey. Courtesy photo

Auburn Police Officer Nelson faces second-degree murder, first-degree assault charges in shooting of Jesse Sarey

Satterberg says officer created situation that brought about his use of deadly force

On the evening of May 31, 2019, Auburn Police Officer Jeff Nelson fired two shots into Jesse Sarey and killed him outside of a north Auburn convenience store,

King County Prosecutor Dan Satterbeg says Nelson did not follow his training in several ways: he did not de-escalate the situation; he did not wait for backup; instead, within 38 seconds of arriving, he went hands-on with Sarey, and 29 seconds later, shot and killed him.

On Thursday, Aug. 20, Satterberg announced that the King County Prosecuting Attorney’s Office will file criminal charges for second-degree murder and first-degree assault against Nelson for the death of Sarey, 26.

”As our experts – one a former chief in Idaho and another a former deputy chief in California – determined, Officer Nelson created the very situation that brought about his use of deadly force,” Satterberg said.

Satterberg said the murder charge relates to the first shot fired into Sarey’s torso. The second shot into Sarey’s head, which was not the fatal shot, is related to the assault charge.

Satterberg said he will not try to detain Nelson, who is still in the area, because he has no reason to believe Nelson will not make his first appearance in court.

Nelson is scheduled to be arraigned at 8:30 a.m. Monday, Aug. 24 in Room GA in the Maleng Regional Justice Center in Kent, according to the King County Prosecuting Attorney’s Office. Nelson will be advised of the charges against him and the judge will review the conditions requested for Officer Nelson, such as the requirement to not have firearms – which prosecutors requested with the murder and assault charge, and which was approved by a judge Thursday morning.

The City of Auburn released the following statement.

“The loss of life is tragic, and we extend our sympathy to the Sarey family and the community. We, the City of Auburn, acknowledge that this is an important time to do internal work and reflection coupled with community engagement. Since this is now an active legal matter, we cannot comment further at this time, and asked that all questions about this matter be directed to the prosecutor’s office,” the city said.

Auburn Police handed the case to county prosecutors in November 2019 and they began to bring in experts to sift the events of that evening, including, crucially, evidence provided by the dash cam video in Nelson’s patrol car. That analysis was not completed until March, and use-of-force experts finished their reports in June, Satterberg said.

“Our decision in this case is based entirely on the investigation of the Valley Investigations Team and the opinions provided by our experts,” Satterberg said. “We felt it was critical to understand all the events depicted in the video. To do that well required expertise. Use-of-force experts were also essential to help understand the intersection between police training/tactics and the new legal standard that focuses on whether an officer’s use of deadly force is ‘reasonable.’”

Satterberg provided the following breakdown of the key elements of the video analysis, which, he said, closely tracks the Auburn Police Department’s Certification for Determination of Probable Cause:

• The first 38-second segment shows Officer Nelson exit his patrol car and verbally confront Sarey, informing him that he is under arrest for disorderly conduct.

• Over the next 6 seconds, Officer Nelson intensifies his efforts to effect an arrest – seeking to physically subdue Mr. Sarey;

• The next segment shows Officer Nelson and Sarey struggling, and Officer Nelson launches a series of seven punches toward Sarey’s head and upper body;

• In the fourth video segment, a witness leans down out of view of the video to pick up Officer Nelson’s closed folding-knife, which had fallen to the ground and landed near his feet. Officer Nelson is seen pushing Sarey against a freezer box as he draws his weapon with his right hand and bending to his right, fires one shot into Sarey’s torso, clears a jammed round, and fires another shot into Sarey’s forehead 3.44 seconds later. Sarey was seated, falling backwards with his legs and feet toward Officer Nelson when the second shot was fired into his head.

Satterberg said the charges are not related to the death of George Floyd under the knee of a Minneapolis police officer earlier this year, or the highly charged social and political atmosphere Floyd’s death engendered.

“We know,” Satterberg said, “that many people will ask: Why this case? Why now? Our process in this case has been ongoing for more than a year, and it began well before the death of George Floyd. Our decision today reflects the changes brought by Initiative 940, which was overwhelmingly approved by voters statewide. Those changes in the law, which affects cases from 2019 onward, make it clear that there should be an increased role for juries to decide whether a particular application of deadly force by law enforcement constitutes a crime.”

For cases that happened before 2019, Satterberg said, state law required prosecutors to show that an officer acted with ‘malice’ and a lack of good faith, which he called a nearly impossible standard to meet.

“We know that we are at the start of a long process with this case. We also know that not everyone will agree with this decision. What we hope is that the public will review the details of the case themselves, and we will continue to share updates publicly. We are looking forward to presenting this evidence to a jury who will make the ultimate decision about criminal liability,” Satterberg said.




Talk to us

Please share your story tips by emailing editor@kentreporter.com.

To share your opinion for publication, submit a letter through our website https://www.kentreporter.com/submit-letter/. Include your name, address and daytime phone number. (We’ll only publish your name and hometown.) Please keep letters to 300 words or less.

More in News

Photos by Bailey Jo Josie/Sound Publishing
Official ribbon cutting for the Kent Valley Bezos Academy, which is still accepting applications for the 2024-2025 school year.
Kent Valley Bezos Academy offers student-driven preschool experience

New school offers free enrollment to children of income-eligible families

COURTESY PHOTO, King County
Driver reportedly going 111 mph in Kent fatal collision

SeaTac man, 33, faces vehicular homicide, reckless driving charges in Nov. 4 death of 38-year-old woman

A National Civics Bee in Arizona. COURTESY PHOTO, Civics Bee
Kent Chamber of Commerce to offer civics contest for middle schoolers

Essay competition first step as part of 2025 National Civics Bee

t
Kent Police help catch alleged prolific graffiti vandal

Tacoma man reportedly had guns, spray paint, rappelling harness and book about taggers in vehicle

COURTESY PHOTO
State Sen. Karen Keiser will officially retire Dec. 10 from the Legislature after 29 years in office.
Process begins to replace retiring state Sen. Karen Keiser

33rd Legislative District Democrats will nominate candidates to King County Council

t
Kundert pleads not guilty in Kent cold case murder

Faces charge of strangling Dorothy Silzel, 30, in 1980 at her condo

Dave Upthegrove. COURTESY PHOTO
Upthegrove looks forward to role as state lands commissioner

Des Moines Democrat will leave King County Council after election victory

COURTESY PHOTO, Kent School District
Kent School District levy passing after initially failing | Update

Nov. 12 results: Yes votes up by 602 with more ballots to be counted

File Photo
Kent Police arrest Texas man in 2013 sexual assault of 6-year-old girl

DNA match reportedly identifies 31-year-old man stationed in 2013 at Joint Base Lewis-McChord

Kent police investigate fatal two-vehicle collision

The collision killed a woman and left a 45-year-old Tacoma driver, suspected of intoxication at the time of the crash, hospitalized.

Competing for the 8th Congressional District: Carmen Goers, left, and Kim Schrier. COURTESY PHOTOS
Adam Smith and Kim Schrier will retain Congress seats | Election 2024

Smith represents the 9th Congressional District and Schrier represents the 8th Congressional District.

Courtesy of Democratic Caucus
Pictured left to right: Sen. Bob Hasegawa (D), Rep. David Hackney, and Rep. Steve Bergquist
Democratic incumbents in lead for 11th Legislative District

Bob Hasegawa, David Hackney and Steve Bergquist have strong leads, with Hasegawa and Hackney running unopposed.