Justice for Jesse Sarey
Elaine Simons, Foster mother of Jesse Sarey
Guilty
After three days of deliberation, the jury in the Jeff Nelson trial reached a verdict. The tension in the courtroom was palpable as the verdict was read - guilty on charges of second-degree murder and first-degree assault. One person in the courtroom cried out "Thank you!". Nelson, a suburban Seattle police officer, had been charged in the 2019 shooting death of Jesse Sarey. This marked the first conviction under Washington state's Initiative 940, a law passed in 2018 that made it easier to prosecute police officers for on-duty killings. Previously, prosecutors had to prove malice, but I-940 removed that requirement and stipulated that prosecutors only need to prove that the officer's use of force was unreasonable or unnecessary.
In 2019, Nelson had responded to a call about a man throwing things at cars. Sarey, who was homeless at the time, had been reportedly throwing things at cars and kicking walls in a shopping area. Prosecutors said that after an initial struggle, Nelson punched Sarey several times before shooting him in the abdomen. When Nelson's gun jammed, he cleared it and then shot Sarey in the forehead. Nelson claimed self-defense, alleging that Sarey had reached for his gun and that he believed Sarey had a knife. However, a witness testified that after the first shot, Sarey was lying on the ground in a non-threatening position. Surveillance footage also contradicted Nelson's account of the events.
Path to Justice
Elaine Simons, Sarey's foster mother, became the face of the family's fight for justice. She explained that the family chose her because she was white, "system savvy," and knew how to approach the legal system. Simons recalled the family giving her their full support, telling them, "You need to give me 100% the green light. I don’t want to start this and then have you come in at some point saying that my tactics or my approach to stop or not to do it". Simons has spoken candidly about the difficulties of fighting for justice as a foster parent, noting that she has never met another foster parent who has had to lead a similar fight.
The fight for justice took its toll on the Sarey family. Simons shared, "It has been hard… because a lot of time people are focused on community and the larger piece of it and forget that our family has had a lot of hardship since this all happened." Since Sarey's death, Simons has lost her father, and Sarey's mother and biological brother have also passed away. Of the immediate family, only Sarey's half-brothers, Matthew and Kolten, remain. Matthew, the oldest, is not involved in the fight for justice, but Kolten, who was only 14 when Sarey was killed, has recently started to join Simons in her advocacy work.
Facing the Fight
Buddhist Prayer Vigil Night before State vs Nelson starts in front of the Court House sponsored by the Khmer Advocacy and Advancement Group (KhAAG) and the Formerly Incarcerated Group Healing Together (FIGHT)
Simons credits two mentors, Uncle Bobby (uncle of Oscar Grant) and Sheila Banks (aunt of Corey Jones), with helping her navigate the complexities of the legal system and the emotional toll of the fight for justice. These mentors, both family members of high-profile police brutality victims, offered Simons invaluable advice and support. Simons stresses the importance of having a support system, encouraging other families to "reach out. Ask for the community to step in and step up with you".
Simons offers this advice to other families going through similar experiences:
Don't miss anything: Attend every hearing, motion, and court date. This will ensure you are informed and can advocate for your loved one effectively.
Ask questions: Don't be afraid to reach out to the prosecution team for clarification or updates. The legal process can be confusing, and it's important to understand what's happening.
The Fight Continues
Celebration of Jesse Sarey 5th Angelversary sponsored by the Khmer Advocacy and Advancement Group (KhAAG) and the Formerly Incarcerated Group Healing Together (FIGHT)
While the guilty verdict in the Nelson trial is a major victory, Simons emphasizes that the fight for police accountability is far from over. Simons is continuing to fight for justice for other families impacted by police violence. She recently traveled to Minneapolis and Washington, D.C. to participate in conferences and healing circles with other families. Simons also plans to meet with the Auburn City Council, the Auburn Police Chief and the mayor of Auburn to advocate for systemic change within the department.
Simons is also passionate about amplifying the voices of other families, especially those who have not received the same level of media attention.
The Future of Policing
Simons hopes the Nelson verdict will lead to tangible changes in police interactions. She believes that police officers are now more aware that they are being watched and that their actions have consequences. She is encouraged by recent incidents where police officers have successfully de-escalated situations without resorting to lethal force. However, she is also critical of the Nelson trial's lack of national media coverage, arguing that it prevented the case from receiving the attention it deserved.
Simons believes that systemic change is necessary to prevent future tragedies. She urges police officers to remember why they chose to enter law enforcement and to hold their colleagues accountable for misconduct. She is also calling for the Department of Justice to investigate the Auburn and Spokane police departments, which have a history of excessive force. When asked if Auburn has turned the corner, Simons replied emphatically, "Nope". She believes that the city has not done enough to address the systemic issues that allowed Nelson to remain on the force despite nearly 100 internal complaints, and killing three people in eight years.
For families enduring the same struggle, Simons offers this advice, “Don’t give up hope. The system is set up to make you feel it’s not going anywhere. Ask for community support.”
Verdict Day in front of Court House with Prosecution Team: “Guilty on All Counts”
