In a suburban Seattle courtroom, a prosecutor argued that Auburn police officer Jeffrey Nelson should be convicted of murder for fatally shooting a homeless man, Jesse Sarey, in 2019. Nelson is facing charges of second-degree murder and assault, with the prosecution claiming that he ignored his training and acted unnecessarily and unreasonably. On the other hand, defense lawyers argued that Nelson was acting in self-defense, as Sarey allegedly resisted arrest and tried to grab the officer’s gun during a struggle. This case is significant as it is the second trial under a new law in Washington state that makes it easier to charge police officers for on-duty killings.

During the closing arguments, the prosecution highlighted Nelson’s actions leading up to the shooting, emphasizing that he failed to deescalate the situation and used unnecessary force. They claimed that the shooting of Sarey was unjustified and avoidable. In contrast, Nelson’s defense lawyer argued that he was acting in self-defense, as he believed his life was in danger when Sarey attempted to grab his gun. The defense emphasized that no one wanted the tragic outcome, but argued that it was not a crime. The jury was expected to begin deliberating following the conclusion of the closing arguments.

Nelson had responded to reports of a man causing disturbances in a shopping area in Auburn, where Sarey was allegedly throwing things at cars and exhibiting erratic behavior. According to witnesses, Sarey appeared to be high or experiencing mental health issues, prompting the police response. The prosecution criticized Nelson for not waiting for backup and for using excessive force when attempting to arrest Sarey for disorderly conduct. The confrontation and subsequent shooting were captured on surveillance video, which was shown to the jury during the trial. The video showed Nelson firing two shots at Sarey, with the second shot coming less than four seconds after the first.

The defense argued that officers are trained to consider a person a threat even after being shot multiple times, citing instances where individuals have continued to be dangerous after sustaining gunshot wounds. They emphasized that Nelson believed his life was in danger when Sarey allegedly went for his gun, leading to a lethal encounter. Despite the tragic outcome, the defense maintained that Nelson was justified in his actions. The city of Auburn has settled a civil rights claim by Sarey’s family for $4 million and additional litigation regarding Nelson’s actions as a police officer. The outcome of Nelson’s trial will have implications for the ongoing debate surrounding police use of force and officer accountability.

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