Shawn Nelson
Encyclopedia
Shawn Timothy Nelson was a U.S. Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...

 veteran and unemployed plumber
Plumber
A plumber is a tradesperson who specializes in installing and maintaining systems used for potable water, sewage, and drainage in plumbing systems. The term dates from ancient times, and is related to the Latin word for lead, "plumbum." A person engaged in fixing metaphorical "leaks" may also be...

 who stole a M60 Patton
M60 Patton
The 105 mm Gun Full Tracked Combat Tank, M60, also known unofficially as the M60 Patton, is a first-generation main battle tank introduced in December 1960. It was widely used by the U.S. and its Cold War allies, especially those in NATO, and remains in service throughout the world today...

 tank from a United States National Guard
United States National Guard
The National Guard of the United States is a reserve military force composed of state National Guard militia members or units under federally recognized active or inactive armed force service for the United States. Militia members are citizen soldiers, meaning they work part time for the National...

 Armory
Armory (military)
An armory or armoury is a place where arms and ammunition are made, maintained and repaired, stored, issued to authorized users, or any combination of those...

 in San Diego, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...

 and went on a rampage on May 18, 1995, destroying cars, fire hydrants, and an RV
Recreational vehicle
Recreational vehicle or RV is, in North America, the usual term for a Motor vehicle or trailer equipped with living space and amenities found in a home.-Features:...

 before being shot by police.

Prior to the incident

Nelson was hospitalized in 1990 for neck and back injuries from a motorcycle accident. He sued the hospital for $1.5 million citing negligence
Negligence
Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.According to Jay M...

, assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...

, battery
Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...

 and false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...

. A superior court
Superior court
In common law systems, a superior court is a court of general competence which typically has unlimited jurisdiction with regard to civil and criminal legal cases...

 judge dismissed the case, and the hospital counter-sued for $6,640 in medical fees and legal expenses. Nelson claimed that he was forced to be treated without his consent.

His wife of six years filed for divorce against him in 1991, and both of his parents died of cancer
Cancer
Cancer , known medically as a malignant neoplasm, is a large group of different diseases, all involving unregulated cell growth. In cancer, cells divide and grow uncontrollably, forming malignant tumors, and invade nearby parts of the body. The cancer may also spread to more distant parts of the...

 in 1992. Scott Nelson, Shawn's brother, said that Shawn became addicted to methamphetamine
Methamphetamine
Methamphetamine is a psychostimulant of the phenethylamine and amphetamine class of psychoactive drugs...

 in the few years prior to the incident. His neighbors complained to authorities of Shawn yelling at his roommate at night. Nelson then began to exhibit unusual behavior. On one occasion, he dug a hole 15 feet (4.6 m) deep in his backyard in an attempt to mine for gold
Gold
Gold is a chemical element with the symbol Au and an atomic number of 79. Gold is a dense, soft, shiny, malleable and ductile metal. Pure gold has a bright yellow color and luster traditionally considered attractive, which it maintains without oxidizing in air or water. Chemically, gold is a...

. In February 1995, he filed a notice informing the county of his plans to mine bedrock
Bedrock
In stratigraphy, bedrock is the native consolidated rock underlying the surface of a terrestrial planet, usually the Earth. Above the bedrock is usually an area of broken and weathered unconsolidated rock in the basal subsoil...

 in his backyard, even though he was not required to because his backyard was private property
Private property
Private property is the right of persons and firms to obtain, own, control, employ, dispose of, and bequeath land, capital, and other forms of property. Private property is distinguishable from public property, which refers to assets owned by a state, community or government rather than by...

. Nelson's fishing friend, Carson Honings, referred to the mine shaft as Shawn's "new hobby". In April, he filed two damage claims against the city totaling $2,000,000. One of them was for police negligence, and another for false arrest
False arrest
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction...

.

Nelson's neck and back problems, in addition to his plumbing equipment being stolen from his truck, effectively halted his business. With no income, his utilities had been cut off and his house was in foreclosure
Foreclosure
Foreclosure is the legal process by which a mortgage lender , or other lien holder, obtains a termination of a mortgage borrower 's equitable right of redemption, either by court order or by operation of law...

. In April 1995, his live-in girlfriend died of a drug overdose. His brother, Scott, said of him, "My brother was a good man. He'd help anybody. He just couldn't help himself."

Tank rampage

According to San Diego police
San Diego Police Department
The San Diego Police Department is the primary law enforcement agency for the city of San Diego, California. Established on May 9, 1889, the first chief of police was Joseph Coyne. The current police chief is William Lansdowne.-History:...

, the week before his tank rampage Nelson told a friend that he was thinking of committing suicide
Suicide
Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse...

, and the following weekend, told a friend that "Oklahoma was good stuff," in apparent reference to the Oklahoma City bombing
Oklahoma City bombing
The Oklahoma City bombing was a terrorist bomb attack on the Alfred P. Murrah Federal Building in downtown Oklahoma City on April 19, 1995. It was the most destructive act of terrorism on American soil until the September 11, 2001 attacks. The Oklahoma blast claimed 168 lives, including 19...

. Whether Nelson condoned the attack or simply meant that he enjoyed the drama is not clear. Police did not believe Nelson had any connection with the bombing or with a terrorist group.

At dusk of Thursday, May 18, 1995, Nelson drove his Chevrolet
Chevrolet
Chevrolet , also known as Chevy , is a brand of vehicle produced by General Motors Company . Founded by Louis Chevrolet and ousted GM founder William C. Durant on November 3, 1911, General Motors acquired Chevrolet in 1918...

 van to the California Army National Guard
California Army National Guard
The California Army National Guard is the land force component of the California National Guard, one of the reserve component United States Army and is part of the United States National Guard. The California Army National Guard is composed of about 20,000 soldiers...

 Armory in the Kearny Mesa
Kearny Mesa
-External links:***...

 neighborhood of San Diego. Although the gate to the vehicle yard was usually locked after 5:00 p.m., employees at the armory were working late, and left the gate open. The vehicle yard was completely deserted. Nelson likely used a crowbar to break open the tank hatches. The tanks did not require an ignition key to start the engine, since they used a pushbutton. The first two tanks he broke into would not start, then as Nelson lowered himself into the third tank, a 57-ton M60 Patton
M60 Patton
The 105 mm Gun Full Tracked Combat Tank, M60, also known unofficially as the M60 Patton, is a first-generation main battle tank introduced in December 1960. It was widely used by the U.S. and its Cold War allies, especially those in NATO, and remains in service throughout the world today...

, he was finally noticed by a Guardsman, who approached the tank. Nelson was able to start the vehicle, and with little chance of stopping him, the Guardsman rushed to a phone and called police. As ammunition was kept in another building, none of the vehicle's weapons could be loaded or used by Nelson.

Nelson led police on a 23-minute, televised chase through the streets of the Clairemont neighborhood
Clairemont, San Diego, California
Clairemont is a suburban neighborhood in northern San Diego.It includes the separate neighborhoods of North Clairemont, South Clairemont, Clairemont Mesa East and Clairemont Mesa West...

 in San Diego, California
San Diego, California
San Diego is the eighth-largest city in the United States and second-largest city in California. The city is located on the coast of the Pacific Ocean in Southern California, immediately adjacent to the Mexican border. The birthplace of California, San Diego is known for its mild year-round...

. The tank had a top speed of 30 miles per hour (13.4 m/s), making the chase slow compared to police chases involving automobiles. The 57-ton tank easily plowed through road signs, traffic lights, and crushed a van against a recreational vehicle
Recreational vehicle
Recreational vehicle or RV is, in North America, the usual term for a Motor vehicle or trailer equipped with living space and amenities found in a home.-Features:...

, then plowed through the RV. He even attempted to knock down a bridge by running in to the supports, but gave up after he failed to topple it with the first few hits. He eventually became caught on a concrete
Concrete
Concrete is a composite construction material, composed of cement and other cementitious materials such as fly ash and slag cement, aggregate , water and chemical admixtures.The word concrete comes from the Latin word...

 median
Central reservation
On divided roads, such as divided highways or freeways/motorways, the central reservation , median, parkway , median strip or central nature strip is the area which separates opposing lanes of traffic...

 of State Route 163, as he attempted to cross the median into the oncoming traffic. Four police officers climbed onto the tank. San Diego Police Officer Paul Paxton, a Gunnery Sergeant at the time with Marine Corps Reserve, was able to open the hatch. The officers ordered Nelson to surrender, but he said nothing and began lurching the tank back and forth in attempt to free it from the median. Officer Paxton's partner, Richard Piner, leaned in and shot Nelson. The bullet struck Nelson in the shoulder. Nelson later died in the hospital.

Police action

Questions were raised as to whether or not it was necessary for the police to kill Nelson. Scott Nelson claimed police were justified in shooting his brother. Police Captain Tom Hall said that if Nelson managed to free the tank, he "could have taken out no less than 35 vehicles that were passing at that moment." As one police officer said, "if he gets loose from there, if he gets into oncoming traffic, we will have someone killed". Police decided that if non-lethal action such as tear-gas were used, this might have stopped Nelson but not the tank, and officers would not be able to enter the tank if it were still mobile with tear-gas present .

News coverage

Station KGTV
KGTV
KGTV, digital channel 10, is the ABC television affiliate in San Diego, California. The station can be seen on Cox Communications, Time Warner Cable, and AT&T U-verse on cable channel 10 in standard definition. Cox Communications and Time Warner Cable carry its high definition signal on cable...

/Channel 10 broadcast footage of Nelson's shirtless, bloodied body being pulled from the tank by police both live and during the eleven o'clock news. The image of Nelson that was broadcast made Scott Nelson aware that his brother was the driver of the tank. KGTV was the only station that decided to air this footage. While some people questioned whether it was necessary or appropriate for KGTV to show such images, KGTV then-news director Jeff Klotzman said, "We felt it was a critical part of the story. We warned our viewers three different times that it was graphic and it was." Richard Tuininga, news director of KUSI/Channel 51, supported Klotzman's decision, even though his own news program decided not to air the footage. There is also commonly screened footage that is often used in documentaries that shows paramedics and police officers carrying Nelson's shirtless body to an ambulance on a stretcher.

Armory security

Officials at the National Guard armory where Nelson stole the tank were criticized for what appeared to be a huge lapse in security, especially after the attack in Oklahoma City the previous April 19. In addition to the open, unguarded gate to the vehicle lot, the fence surrounding the lot had damaged barbed wire
Barbed wire
Barbed wire, also known as barb wire , is a type of fencing wire constructed with sharp edges or points arranged at intervals along the strand. It is used to construct inexpensive fences and is used atop walls surrounding secured property...

 in some places. Residents near the armory said that even if the gate had been locked, Nelson could have simply climbed the fence in sections where the barbed wire was damaged. Armory officials said that only a few people are given keys to the vehicles, that the vehicles were kept far away from fences to make them difficult to reach, that only someone with proper knowledge could operate and even start a tank, and that there was just no way to foresee such an event taking place. After Nelson's theft of the tank, security was tightened at the Kearny Mesa armory.

Legacy

  • A documentary film was made that was based on the incident, called Cul de Sac: A Suburban War Story.
  • The Thrash metal band Megadeth
    Megadeth
    Megadeth is an American heavy metal band from Los Angeles, California which was formed in 1983 by guitarist/vocalist Dave Mustaine, bassist Dave Ellefson and guitarist Greg Handevidt, following Mustaine's expulsion from Metallica. The band has since released 13 studio albums, three live albums, two...

     shot a video based on the incident, for the single "The Right to Go Insane
    The Right to Go Insane
    "The Right to Go Insane" is a song by the American heavy metal band Megadeth, written by Dave Mustaine. It is the final track and second single from their twelfth studio album Endgame, which was released on September 15, 2009...

    ". In the video, Dave Mustaine
    Dave Mustaine
    David Scott "Dave" Mustaine is the founder, main songwriter, guitarist, and lead vocalist for the American heavy metal band Megadeth. Prior to Megadeth, Mustaine was the first lead guitarist and a co-songwriter of the heavy metal band Metallica until he was fired from the band in 1983. In 2009, he...

     plays the role of Nelson, with David Ellefson
    David Ellefson
    David Warren "Dave" Ellefson is a bassist and founding member of the American thrash metal band Megadeth. He also goes by "Junior." He currently resides in Scottsdale, Arizona...

    as his brother, while the other band members star as Nelson's friends.

External links

  • YouTube video of a segment detailing the incident with the tank.
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