In stunning reversal, Auburn officer won’t testify at his murder trial

In a stark change of plans, Auburn Police Officer Jeffrey Nelson will not testify in the murder trial against him. His defense rested their case on Monday morning.

Nelson, who was charged with second-degree murder and first-degree assault after fatally shooting 26-year-old Jesse Sarey outside a convenience store in 2019, had long planned to argue his case before the jury.

Nelson’s attorney Emma Scanlan said during opening statements in May that Nelson has waited for five years “to explain what happened and tell you what actually occurred.”

Nelson had previously declared in a written statement that he believed Sarey was reaching for his handgun.

Eye-witness Steven Woodard had previously compared Sarey and Nelson to “David and Goliath” due to Nelson’s towering stature, and said that during their struggle, one of Sarey’s hands, which were around Nelson’s waist, brushed against the butt of Nelson’s gun.

The defense's decision to not have Nelson testify surprised Elaine Simons, Sarey's foster mom. Leslie Cushman and Sonia Joseph, police accountability advocates, were there in support of Simons on Monday.

Simons told KUOW that Monday also marked the third anniversary of the death of Kari Nga Sarey Hart, Jesse Sarey's biological mom.

“It’s been hard," she said. "I truly believe Kari is with me in the courtroom today.”

Closing arguments are tentatively scheduled to begin later this week followed by jury deliberation.