Oxycodone<\/strong><\/p>\n\t\t\t\tAdministration received a second letter in 2014, accusing Nelson of using Oxycodone without a prescription at work after Officer Jody Howard found an anonymous letter in her mail slot and showed the letter to a sergeant. The letter implies Howard previously attempted to inform the administration regarding misconduct involving Nelson. The letter also alleges several sergeants knew about Nelson possessing and abusing Oxycodone.<\/p>\n\t\t\t\t
“I support your efforts and too am fed up with officer Nelson and the others that are protected by the administration,” the second letter reads. “I heard him mocking the internal process again and nothing will (happen) of this. There were no specifics regarding his misconduct, therefore the admin gaffed another internal. You need better ammunition to finally end his ability to endanger us and the public.”<\/p>\n\t\t\t\t
According to an internal investigation of the incident, Howard said she never attempted to inform the administration regarding Nelson’s misconduct as the letter implies. She expressed fear that a member of the department attempted to set her up and targeted her, according to documents.<\/p>\n\t\t\t\t
“She does not know why someone would put it in her box and say something in the letter about her efforts,” the internal investigation reads. “She said that is what is freaking her out the most because people are thinking she is involved in the letters and she is not.”<\/p>\n\t\t\t\t
Nelson denied all allegations of Oxycodone use.<\/p>\n\t\t\t\t
“Nelson immediately said that the allegations were outrageous and he could not believe that someone would say these things,” Cmdr. Steve Stocker wrote. “He told me that I could come and search his house and his car and he would ‘pee’ in a cup if necessary. I thanked Nelson for talking to me and that ended our conversation.”<\/p>\n\t\t\t\t
When Stocker asked assistant Chief Sam Betz, formerly Nelson’s sergeant and supervisor about the allegations, “(Betz) immediately stated that it was a false accusation.”<\/p>\n\t\t\t\t
According to investigation documents, Stocker found no indication that the allegations were true, and founded the inquiry as “acceptable performance.” Stocker based his conclusion “on the conversations I had with these officers and (sergeants) regarding the allegations against Officer Nelson.”<\/p>\n\t\t\t\t
The document does not indicate whether Nelson was ever drug tested or searched.<\/p>\n\t\t\t\t
Delayed trial<\/strong><\/p>\n\t\t\t\tNelson is the first officer in Washington to be charged with murder since the passage of Initiative 940, which changed the standard for holding police criminally liable for excessive use of force.<\/p>\n\t\t\t\t
Nearly four years since the death of Sarey and three years since prosecutors charged Nelson, Nelson’s trial has been delayed three times. A new trial date has not yet been set after his last trial date — scheduled for Feb. 22, 2023 — was delayed again. Nelson’s last hearing for a status conference at the King County Superior Court was on March 31.<\/p>\n\t\t\t\t
The Washington State Court of Appeals denied Nelson’s request for discretionary review of the case on March 14, 2023.<\/p>\n\t\t\t\t
In April 2022, Nelson filed an evaluation of Washington legislation regarding justifiable homicide and use of deadly force by law enforcement. He asked the court to conclude the legislation provides a “solely objective standard for evaluating an officer’s use of deadly force,” according to court documents. He stated the prosecutorial interpretation of the statute contained both a subjective and objective component and was “simply wrong.”<\/p>\n\t\t\t\t
He asked the court to “uphold the plain language” of the statute and recognize that an officer’s use of deadly force is to be evaluated using an “objective good faith standard.”<\/p>\n\t\t\t\t
Prosecutors urged the court not to decide the meaning of the statute because “there is no context about which to apply it,” and argued Nelson could renew his argument when “there is such context,” according to documents.<\/p>\n\t\t\t\t
On June 13, 2022, the King County Superior Court conducted a hearing, resulting in an oral ruling declining to conclude that the legislation provides a “solely objective standard for evaluating an officer’s use of deadly force,” according to documents.<\/p>\n\t\t\t\t
Nelson submitted a request for discretionary review of the court’s order regarding the statute on the basis that the court “committed an obvious error which would render further proceedings useless.”<\/p>\n\t\t\t\t
According to Court of Appeals documents, even if Nelson could show that the court committed an obvious error in concluding that the statute contained both subjective and objective components, Nelson failed to address or show “such an error would render further proceedings ‘useless.’”<\/p>\n\t\t\t\t
The Court of Appeals denied Nelson’s request for discretionary review, stating that he could appeal from a final judgment after trial proceedings and offered no good reason for review of the court’s interpretation prior to the trial itself.<\/p>\n\t\t\t","protected":false},"excerpt":{"rendered":"
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