A judge Thursday sentenced a police officer in Auburn, south of Seattle, to 16 years and 10 months in prison for the murder of 26-year-old Jesse Sarey, reports KING5.

Jeffrey Nelson is the first officer in Washington state to be convicted under a new legal standard of using deadly force, according to KUOW.

King County Superior Court Judge Nicole Gaines Phelps said Nelson “took the opportunity to harm others” and abused his power in his fatal confrontation with Sarey.

Sarey was homeless at the time of the incident in 2019 when Nelson responded to a call that a man was throwing objects at cars in a parking lot. Nelson shot Sarey twice saying Sarey had tried to grab his gun and knife.

But the prosecution argued Nelson failed to deescalate the situation or wait for backup before getting into a physical confrontation and shooting him.

Nelson’s attorney said she will file an appeal.

“Our deepest sympathies go to his family,” she said in an email to Fox13. “However, this trial was marred by unprecedented and significant legal errors that deprived Officer Nelson of his constitutional rights. When police officers are charged with crimes they deserve to be treated fairly just like everyone else.”

Sarey is the third person Nelson has killed while on duty.

“My little brother did not deserve that. He was a good kid. He was going through some things. He needed help,” said Sarey’s brother Matthew Sarey.

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