AUBURN, Wash. — A new trial date has been set for March 18 for an Auburn police officer charged with murder.
Officer Jeff Nelson has pleaded not guilty to second-degree murder in the shooting death of 26-year-old Jesse Sarey.
Sarey's family has dealt with a previous trial delay and hearing pushbacks since he was killed in May of 2019.
"It's nice to be able to have someone say, 'OK, we've got March 18.' But until it really happens, it's still to me, something could change," said Elaine Simons, Sarey's foster mother.
Court records show Nelson shot Sarey twice during an attempted arrest for disorderly conduct outside a grocery store.
Nelson is continuing to get paid while awaiting trial. The Auburn Police Department said because of the police union contract Nelson must remain on the payroll until a verdict is reached.
By the time the case goes before a jury, it will be nearly five years since Sarey was killed, and in that time frame, his brother and biological mother have died.
"She died on June 17, 2021. She didn't get to see that kind of justice and that's been really hard. I miss having her by my side, you know," Simons said.
One way Simons is preparing is by keeping an eye on the trial for the death of Manuel Ellis.
"I'm watching the lead prosecutor from the state because she is also our lead prosecutor," Simons said.
Simons said it's not just attorneys she's mentally preparing for.
"We're going to see pictures, we're going to see what he was wearing for the last time. I mean, it's a very traumatic experience and I want to make sure that I'm preparing the Sarey family for it," she said.
Both the Ellis and Sarey cases are the first to be tried in the state under Initiative 940, a 2018 voter-approved statute that removed proof of malice when prosecuting police deadly force.
"I truly believe that this is going to give other impacted families a semblance of hope," Simons said.
While the road to justice has been tough, Simons said she's not giving up.
"Sometimes I feel like I'm alone. I feel like I'm out there fighting this upward battle and then I remember that there are still people cheering on and are there," Simons said.