KENT, Wash. — A King County Superior Court judge ruled Friday that Jeffrey Nelson, a former Auburn police officer convicted of second-degree murder and first-degree assault, will not receive a new trial. Judge Nicole Gaines Phelps denied two motions filed by Nelson’s defense, including one seeking a new trial and another requesting the court recuse itself if a retrial were granted.
Nelson, 46, was found guilty in June 2024 for the May 2019 killing of 26-year-old Jesse Sarey. The incident occurred outside the Sunshine Grocery in Auburn, where Nelson shot Sarey twice—once fatally in the abdomen and again in the head—while attempting to arrest him. Nelson claimed Sarey was reaching for his gun and a knife on his utility vest. However, the jury found the use of deadly force unjustified.
The defense argued that prosecutorial and judicial misconduct deprived Nelson of a fair trial. They accused the state of “improper burden shifting,” misstating the reasonable doubt standard, commenting on Nelson’s right to remain silent, vouching for the credibility of a prosecution expert, and impugning defense counsel.
Further claims centered on the jury deliberations. Nelson’s attorneys argued the court erred in sending jurors back to deliberate after they initially indicated they were deadlocked on the murder charge. The defense alleged the court withheld critical information about the jury’s findings, thus depriving them of the ability to adequately strategize.
Judge Gaines Phelps maintained that her decision was to avoid influencing the jury or allowing either side to tailor their arguments based on partial verdicts.
During the trial, Nelson’s defense team rested without presenting its own evidence or witnesses, despite earlier promises that Nelson would testify. They argued the state’s case had already included the evidence they intended to highlight.
The trial also faced external controversies, including the discovery of fliers in the courthouse parking garage detailing Nelson’s involvement in two prior deadly force incidents from 2011 and 2017. While those cases were excluded from evidence, there were concerns about potential juror exposure to the materials.
Additionally, a King County prosecutor reportedly overheard two jurors discussing the case in a hallway before the verdict, further raising questions about the trial’s integrity. Despite these issues, no jurors reported seeing the fliers, and the judge determined the trial could proceed.
Elaine Simons, Sarey’s former foster mother and an advocate for victims of police violence, expressed relief at the ruling. “I’m just ready for this to be put to rest so that other families can get justice too,” Simons said.
Nelson was the first officer charged and convicted under Washington’s updated legal standard for police accountability. Initiative 940, passed in 2018, removed the requirement to prove officers acted with “malice” to prosecute those who use deadly force while on duty.
Nelson has been on unpaid administrative leave from the Auburn Police Department since his conviction. His sentencing is scheduled for Jan. 23, 2025.