Beyond Bad Apples: Addressing Systemic Police Misconduct

Former Auburn police officer Jeff Nelson was sentenced on Jan. 25, 2025 to 200 months behind bars.  He was convicted for the murder and assault of Jesse Sarey in 2019. This was the first case in which an officer was charged, tried, convicted, and sentenced since the implementation of I-940 which, among other things, changed the standard needed to find an officer criminally guilty – from ‘malice’ to an objective look at what a reasonable officer would do.

Jeff Nelson had a long record of overuse of force and other offenses, including killing two other people. In the sentencing, the judge responded to the other Auburn officers who claimed Nelson was a person of good character and integrity.  She said that, in a police situation with youth of color, Nelson had asked his colleague, “Do you want to fuck them up? I want to fuck them up.” This was clear evidence to her that, contrary to their statements, Nelson lacked good character and integrity and, further, that the Auburn department would stand up for anyone.

Nelson’s case is not singular in the Auburn Police Department. Other officers have used excessive force and even killed other residents. And Nelson’s other violations and those of other officers did not receive sufficient disciplinary attention.  Other agencies in WA state also have cultures that need attention. Also, we can no longer rely on the federal Dept. of Justice to look into these weaknesses in our state system of law enforcement.  

We cannot expect improvement in policing by simply waiting for the exhausting, arduous, and non-guaranteed processes of courts. We need clear statewide standards of proper behavior and attention to entire law enforcement agencies, not simply to individual officers. That is the approach of Senate Bill SB 5066, Attorney General Investigations of Civil Rights Violations.

Senate Bill SB 5066 will give the state Attorney General’s Office additional tools so they can investigate police agencies that have systemic issues with overuse of force and other violations.  This bill, if it becomes law, will grant the Attorney General the authority to 

• Investigate, before taking legal actions against law enforcement and local corrections agencies, for violations of the Washington State Constitution or state law, particularly when systemic issues within the agencies contribute to these violations.

• Find systemic relief to promote consistent, constitutional policing. (This bill does not address individual officers’ acts of misconduct or hold them liable.)

• Develop model policies for accountability systems, including complaint procedures, investigations, discipline, and appeals.

• Promote collaboration and avoid duplication (e.g., with the US Dept of Justice or WA Office of Independent Investigations.)

Supporting SB 5066 is especially important now because so many structures are under threat in the new federal administration. SB 5066 must pass out of the Senate this week (ending Feb. 28, 2025) in order to stay alive. Please continue to come to the WCPA website or leg.wa.gov to learn up-to-date information on the progress of state Senate Bill SB 5066.