KENT, Wash. — The defense for officer Jeffrey Nelson, who is facing second-degree murder and assault charges in the death of Jesse Sarey, rested their case Monday morning without presenting witnesses or evidence in front of the jury.
This means Nelson, whose defense lawyers had previously said would testify, will not appear on the witness stand. Instead, the two sides will decide on jury instructions and move on to closing arguments.
Nelson faces second-degree murder and first-degree assault charges related to Sarey's death in May 2019. Nelson was attempting to arrest Sarey outside of an Auburn grocery store when he shot him once in the abdomen and a second time in the head after Sarey had already hit the ground.
Nelson claimed Sarey attempted to reach for his gun and the knife in his utility vest, but a witness to the scuffle had picked the knife up off the ground and placed it on top of a nearby vehicle. Defense attorneys claimed Nelson was justified in his use of deadly force because he was afraid for his life. Prosecutors contend that had Nelson followed his police training, Sarey would still be alive today.
Nelson is the first officer charged, and the second to be tried, under a new legal standard for police in Washington state.
Nelson provided his statement about the incident to investigators a month after the fatal shooting. Nelson alleged he saw Sarey holding the pocket knife with the blade visible and believed he was going to be stabbed, documents stated. However, video experts said Nelson's statement is untrue because the knife was retrieved by the witness and placed away from the two men.
Nelson fatally shot two other people — Isaiah Obet in June 2017 and Brian Scaman in May 2011 — during his career as an Auburn police officer. The City of Auburn settled a civil lawsuit with Obet's family for $1.25 million.
Closing arguments will begin on Thursday, June 20 at 8 a.m. They will conclude at 12:10 p.m., at which time court will be in recess. Jury deliberations are expected to begin on Friday, June 21. The Court will be in recess on Monday, June 24.