In a significantly differently account of an October fatal shootout with a suspect, Milpitas police now say one of their detectives fired first at 42-year-old Michael Nelson, who succumbed to his injuries four days after the gun battle.

The police department had originally stated that Nelson was the first to fire at detectives.

“Our initial belief and understanding at the time of the shooting was that detectives fired their weapons in response to Michael Nelson shooting first,” Milpitas police said in a statement released Friday. “Since then, we have learned a detective fired first (at) Michael Nelson, armed with a gun, (emerging) from a stolen vehicle.”

Nelson, a resident of Healdsburg, exchanged gunfire with detectives after being stopped in a reported stolen vehicle at the Milpitas Square Shopping Center on Oct. 15, police said. While Nelson couldn’t be identified at the scene, his fingerprints later determined that he was on post-release community supervision for identity theft against multiple people.

In addition to the change in details, Milpitas Police Chief Jared Hernandez released an an explanation as to why the department made the reversal in a video that includes about 10 minutes of security and bodycam footage of the incident.

Body camera video released Monday by Milpitas Police shows the moments before officer shot and killed 42-year-old Michael Nelson after stopping him in a reported stolen vehicle at the Milpitas Square Shopping Center on Oct. 15,2021. (Photo courtesy of Milpitas Police) 

In response to a series of emailed questions, Hernandez said that the department originally believed Nelson shot at officers first after their initial review of the video footage from the scene.

“We originally believed Mr. Nelson fired first based on our perception of the video evidence and the detective’s reactions in the surveillance footage coupled with the dispatch audio,” wrote Hernandez.

After interviewing an individual identified as “Detective #1” in bodycam footage, Hernandez said the department was able to determine that police shot first.

“Sometimes our press releases are time sensitive and we have to give our best understanding of what happened without the luxury of an in-depth analysis,” wrote Hernandez. “In this situation, our staff were trying to manage a complex scene, manage media inquiries, and ensuring the public had enough of the facts to have a basic understanding of what occurred. Our objective is to be as transparent as possible but with that in mind, the preliminary information in early press releases sometimes has to be updated.”

When asked why it took one month for the department to make the reversal, Hernandez said that there was “a lot of evidence to catalog and go through,” including interviews with the officers on the scene, witnesses, as well as Nelson’s family.

“It can take a while to put all of the pieces together and our objective is to do a thorough and accurate job,” he wrote.

The shooting has been subject to an internal review by the Milpitas Police Department and an investigation by the Santa Clara County District Attorney’s Office, which are routine after a police shooting in the county. The District Attorney’s Office declined to comment.

In a review of the video released by police, Nelson’s black sedan can be seen being surrounded by four unmarked cars at 3:41 p.m. at a parking lot at the 400 block of Barber Lane. After stopping Nelson, officers yelled at him to raise his hands and to stay in the car. Nelson opened his door and shifted his body slightly out of the car as officers determined he had a gun.

Approximately four seconds after “Detective #1” determined Nelson had a gun, the officer fired two shots at him. The angle of the video footage does not show whether Nelson pointed his gun at detectives first before he was shot at.

Body camera video released Monday by Milpitas Police shows the moments before officer shot and killed 42-year-old Michael Nelson after stopping him in a reported stolen vehicle at the Milpitas Square Shopping Center on Oct. 15,2021. (Photo courtesy of Milpitas Police) 

According to the video, four detectives fired dozens shots while Nelson fired off a handful, some of which hit a detective’s car. The entire gunfire exchange lasts approximately two and half minutes.

For about 45 minutes, police say they were trying to determine whether Nelson was still a threat, bringing in a drone, K-9 dog and a robot. Video footage then shows backup officers in heavier tactical gear, along with a member of the sheriff’s department, cautiously walking towards Nelson’s car before pulling him out. Multiple bullet holes can be seen on the driver’s side of Nelson’s car. Police say they offered medical aid to Nelson until paramedics could safely treat him.

At the scene, officers retrieved an unregistered pistol and a magazine, while two additional magazines were found on Nelson at the hospital he was taken to.