AUBURN, Wash. — It’s been nearly four years since 26-year-old Jesse Sarey was reportedly shot and killed by an Auburn police officer. The officer accused of the killing is still awaiting trial and Sarey’s family is feeling frustrated over another delayed hearing.
A hearing that was set for Friday was pushed back again. A trial date has already been delayed and tentatively set for December, but Sarey’s family is worried it could get delayed again after multiple hearings have been put off.
“That's been the hard part is just waiting for the family to have some kind of accountability,” said Elaine Simons, Jesse’s foster mother.
May 31 marks four years since Jesse was reportedly shot and killed by Auburn police officer Jeff Nelson.
Nelson was the first officer to be charged with assault and second-degree murder under Initiative 940, which was approved by Washington voters in 2018. Initiative 940 made it easier to charge police officers in negligent deadly shootings.
Since then the trial has been pushed back and numerous hearings delayed.
“How do we make sure that it's not forgotten?" Simons said. "That's our biggest concern. Is Jesse going to be forgotten?”
Nelson remains on paid administrative leave and has been paid more than $273,862 since Sarey was killed.
The Auburn Police Department said in a statement, “He is still on the payroll. However, King County Prosecutor's Office is the reason that this process has languished, and the collective bargaining agreement prevents us from taking any action until his trial concludes and we are required to keep him on paid leave until a verdict is rendered.”
In that same time frame, Jesse's brother and biological mother passed away.
“I look at them as collateral damage," Simons said. "I truly believe that the heartbreak of losing someone to murder and then this waiting has really taken its toll on that bio family."
“We understand the concerns," the King County Prosecuting Attorney's Office said in a statement. "This is the first time this new statute (I-940) 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."
The initiative removed a requirement that prosecutors prove police acted with malice or evil intent when prosecuting police deadly force.
“It holds up a standard that allows officers to understand and know that they won't be treated differently than the rest of us in society when they murder,” said James Bible, civil rights attorney.
Nelson’s case will be the first to be tried in King County under the new law, which Bible said will be a landmark case. The officers accused of killing Manuel Ellis were charged under the same statute.
“It is a critical measure and a critical case," Bible said. "It will be one in which a lot of people will be following it as kind of a roadmap in terms of these types of prosecutions."
Simon hopes the case stays on track and is confident it will make it to trial to bring justice and accountability.