Closing arguments scheduled in Auburn police officer's murder trial

Closing arguments in the murder trial of Auburn police Officer Jeff Nelson are scheduled for Thursday. Nelson faces second-degree murder and first-degree assault charges for fatally shooting Jesse Sarey in May 2019.

Before jury instructions on Tuesday afternoon, King County Superior Court Judge Nichole Gaines Phelps ruled that the jury won’t consider Nelson’s failure to give Sarey first aid during their deliberations. According to expert testimony, Sarey died in the hospital from a gunshot wound to his abdomen and may have survived a second shot to his head.

A requirement that police officers provide first aid to people after using force, in addition to going through de-escalation training, was a part of the 2018 police accountability voter's initiative I-940 that made it possible for Nelson to be charged .

King County prosecutors have argued Nelson was trained to recognize Sarey was suffering a mental health crisis, which should have prompted the officer to wait for backup. Instead, Nelson is accused of escalating a misdemeanor arrest for disorderly conduct into a violent struggle that was captured on surveillance footage and the officer's recording system.

An eyewitness testified early in the trial that Nelson shot Sarey twice after his hand brushed the officer's holstered gun. A second eyewitness later testified that Sarey fell to the ground after the first shot and his heels were resting on the ground.

"I'll never forget the feet shaking violently," Quincy Williams told the jury about observing the second gunshot.

Williams also testified that as he witnessed the confrontation unfold he thought: “I know he’s not just gonna shoot this guy." But the judge instructed the jury to disregard his comment.

Before other officers arrived, Williams said Nelson knelt down as if he were in pain.

Sarey later died at the hospital. He had been homeless since aging out of foster care.

In opening statements, Nelson's attorneys told the jury that the officer would testify to mistaking that Sarey was holding a knife which fell off the officer’s tactical vest. But on Monday, the defense decided to rest weeks ahead of schedule without calling Nelson and several other witnesses.

One of the planned witnesses was Auburn police Commander Cristian Adams. Last week, prosecutors told the defense they planned to question Adams about an incident where his recording system captured Nelson telling him, "You want to (expletive) them up? I want to (expletive) them up," shortly before Nelson Tasered a man and used a neckhold to render him unconscious.

Adams later told internal investigators that he believed Nelson was referring to ruining the man's and his friends' nights by arresting them for disorderly conduct.

The city of Auburn previously settled civil rights claims from Sarey’s family for $4 million. According to The Seattle Times, the city has paid close to another $2 million to settle other litigation over Nelson’s actions as a police officer .

Phelps instructed the jury Tuesday that for a police killing to be justified, the officer had to be acting in good faith to prevent serious harm.

"You should consider all the facts, circumstances and information known to the officer at the time," the judge said.

The jury is scheduled to deliberate through next week.

Produced with assistance from the Public Media Journalists Association Editor Corps funded by the Corporation for Public Broadcasting, a private corporation funded by the American people.