Jesse Sarey’s family continues to wait for justice four years later

AUBURN, Wash. — It’s been four years since 26-year-old Jesse Sarey was shot and killed by Auburn police officer Jeffrey Nelson. His family says Sarey was having a mental health crisis and should have been met with compassion, not bullets.

“He died on the very streets that he was living on. And that is not right,” says his foster mother Elaine Simons.

Simons says amid their grief, they’re desperate for accountability. Officer Nelson’s court hearings have been delayed more than a dozen times since he was arrested in 2020.

KIRO 7 reached out to the King County Prosecuting Attorney’s Office about the delays.

‘We understand the concerns. This is the first time this new statute has been interpreted in King County. As such, it requires novel arguments and new legal research. It is a complicated case with a significant number of witnesses and experts. Our lawyers and defense are working hard on preparing this case for trial.’ writes spokesperson Casey McNerthney.

He’s referring to a 2018 statute that changes the burden of deadly force, making ‘Nelson v State of Washington’ a landmark case when it goes to trial.

University of Washington Law Professor Bill Bailey agrees that many of the delays can be attributed to the case’s significance.

“This is a very unique case, and the police are drawing the line in the sand here,” says Bailey. “The Nelson case is in a category by itself. So I think the amount of time here are reflects the background, political circumstances of the case, and the amount of effort putting in to defend it. It is not representative of Washington as a whole.”

He says while there have been several pandemic delays, it’s not standard for a family to wait more than four years to see a trial date set.

As for Officer Nelson, the Auburn Police Department confirmed to KIRO 7 that he remains on paid leave, while charged with murder and assault.

Meanwhile, Sarey’s family waits for their day in court.

“Police officers have been killing our black, brown, indigenous, white people in this state. And nobody, no police officer, no police department has held anyone accountable and to me that is wrong,” says Simons.

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