DA says Milpitas police lawfully shot and killed 42 year old man

Police officers in Milpitas were in the right during a shootout that killed an armed suspect, according to a new report from the Santa Clara District Attorney's office. 

The report found officers acted in self-defense when they shot and killed 42-year-old Michael Nelson Jr., when he was sitting in a stolen car. Officers were trying to arrest Nelson when he pulled a loaded, illegal gun and got into a shootout with police at a busy shopping center last year, the DA found.

Body Camera footage shows Nelson ignored officers commands when they asked him to remain in the car and show them his hand. He pulled twp semi-automatic guns on officers before saying, "this isn’t going to end the way you think."

Officer Brian Thanh, one of five officers at the scene, shot Nelson, before he returned fire.

According to the report, Sgt. Francisco Sanchez, and Officer Karolly Toth, felt people were in danger and also shot at Nelson. 

Nelson was arrested after being shot. 

"Nelson transformed the Milpitas Square shopping center into a shooting gallery," wrote The Santa Clara District Attorney. "His reckless actions callously risked the lives of innocent men, women, and children who came there to enjoy their Friday afternoon."

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Nelson died in the hospital. An autopsy found methamphetamine and amphetamine in Nelson’s blood.

In 2005, Nelson was sentenced to 13 years in prison for multiple felonies, including three counts of robbery in Santa Clara County, according to police. After being released on parole, he was convicted in Sonoma County for being a felon in possession of an assault rifle and sent back to prison. He was on parole at the time of this incident.