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Axios Seattle
Murder trial of first Washington state officer charged under new law begins
By Christine Clarridge,
2024-04-23
Jury selection for the trial of the first officer in Washington state to be charged with murder under a new legal standard for police began Monday.
Why it matters: Auburn police's Jeffrey Nelson was charged in connection with the death of 26-year-old Jesse Sarey in 2020 under the law created by Initiative 940 .
The initiative revised an earlier state statute that made it almost impossible to criminally charge police who kill in the line of duty.
It was approved by voters in 2018 and means that prosecutors no longer need to prove an officer acted with evil intent, or malice.
Nelson has pleaded not guilty to first-degree assault and second-degree murder, which is the charge when a person causes the death of another with intent but without premeditation, according to state law .
Flashback: Other officers were charged later under the new law but received earlier trials. Tacoma officers Christopher Burbank and Matthew Collins were charged in 2021 with second-degree murder and first-degree manslaughter in connection with the death of Manuel Ellis .
A third Tacoma officer, Timothy Rankine , was charged with first-degree manslaughter in connection with Ellis' death.
All three Tacoma officers were acquitted by a jury in December.
Driving the news: Nelson's trial is being held at the Maleng Regional Justice Center in Kent before King County Superior Court Judge Nicole Gaines Phelps.
What they're saying: Charging documents allege Nelson shot Sarey twice during an attempted arrest for disorderly conduct outside an Auburn grocery store on May 31, 2019.
Witnesses had called 911 to report Sarey was throwing items and kicking walls and vehicles, per court documents.
Nelson spoke to Sarey and believed he was on drugs, according to documents. When Sarey walked away, Nelson followed, per the documents.
The 67-second fatal struggle between Nelson and Sarey was captured by video surveillance and audio recording, per the documents.
"That struggle unfolded in a series of quick, escalating interactions and ended with Officer Nelson shooting Mr. Sarey twice," prosecutors wrote in the charging document.
The charging document cites a detailed statement by Nelson in which he writes that Sarey had taken his knife, that he saw the blade and that he thought Sarey was going to stab him.
Prosecutors allege in the documents that a witness had picked up a knife that dropped on the ground two seconds before Nelson fired his first shot.
What we're watching: The trial is expected to last several weeks. If convicted, Nelson faces a sentence of 10 to 18 years in prison, per King County prosecutors.
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