Wayne Lo

Case identification

Wayne Lo (born November 14, 1974) was a Taiwanese-American who perpetrated a school shooting at Simon's Rock College of Bard on December 14, 1992 in Great Barrington, Massachusetts, United States.

Status

He was sentenced to two life sentences without the possibility of parole on February 3, 1994.

The offence

Wayne Lo went on a shooting spree that lasted eighteen minutes, spanned approximately a quarter of a mile, and resulted in the killing of two and the injuring of four individuals.

On December 14, 1992, Lo carried out a shooting rampage at Simon's Rock College of Bard. He commenced shooting at around 10:30 pm. The victims were:

• Nacunan Saez, 37, professor — shot dead
• Galen Gibson, 18, student — shot dead
• Theresa Beavers, 42, security guard — wounded
• Thomas McElderry, 19, student — wounded
• Joshua Faber, 15, student — wounded
• Matthew David, 18, student — wounded

Lo surrendered to police after his rifle jammed and he called 911, informing them that he was the shooter. He was taken into custody without incident.

Investigation

A receptionist at the college took delivery of a package addressed to Lo that bore the return address of an arms store, and advised certain college residence directors of the package. Dean Bernard Rodgers discussed the package at a regularly scheduled meeting with residence advisers. The return address was “Classic Arms” in North Carolina, and concern was expressed that the package might contain a weapon in violation of the college policy prohibiting firearms, weapons, and explosives on college property. Dean Rodgers and the residence directors decided to allow the package to be delivered to Lo, and once received a prompt inquiry would be undertaken to determine the package contents. The package was returned to the package room, where it was picked up by Lo a short time later.

Katherine “Trinka” Robinson, a residence director, learned that Lo had picked up the package and followed him back to his dormitory room. Robinson asked Lo to show her the package contents. Lo refused, relying on college policy requiring that permission to search be obtained from the associate dean of students and that the search be in the presence of at least one other college staff member. Robinson left and called Dean Rodgers from her apartment. Dean Rodgers directed her to return to Lo’s room to determine the package contents. Robinson returned accompanied by her husband, Floyd Robinson. When Lo opened the door, she observed three or four apparently empty black plastic magazines, a black plastic rifle stock, and an empty metallic army surplus cartridge box, but no ammunition or gun. Lo explained that the cartridge box was a gift for his father and that the other items were for his own use at home in Montana, where he had a semiautomatic rifle used for target practice. Lo gave this explanation to Dean Rodgers. Dean Rodgers requested that Lo come immediately to the dean’s office. When Lo arrived, he appeared to be calm and was not defensive as he expressed to the dean his understanding of the college’s policy that no firearms were permitted on campus.

Later that day, Lo traveled by taxi to a Pittsfield sporting goods store where he purchased an assault rifle. That evening, sometime after 9:00 P.M., Robinson received a telephone call at her home. The caller refused at the time to identify himself. The caller stated that Lo had a gun and live ammunition and was going to kill the members of the Robinson family and others the following night. The caller was another student with whom Lo had just had dinner during which Lo performed a mock “Last Supper” and indicated he was going to kill.

The Robinsons contacted the college provost, Ba Win. At Ba Win’s urging, they went with their children to the Win home. There they called Dean Rodgers to convey a plan to locate Lo and search his room for weapons. As they spoke, they heard shots being fired nearby that turned out to be the opening salvo in the unfolding tragedy.

Arrest

Lo contacted the police after the shooting stopped. When the shooting stopped, Lo went to the student union building and contacted the police. He laid down his rifle, put up his hands, and walked out into the night, where police officers were waiting for him. The next morning he was brought before a judge at Great Barrington District Court to hear the charges against him read. He was held without bail while a grand jury reviewed the charges against him.

Trial and conviction

Lo was charged in connection with the December 14, 1992 shooting rampage. Lo pleaded not guilty by reason of insanity. Lo’s defense entered a plea of not guilty by reason of insanity. Lo’s psychiatrists testified he was suffering from schizophrenia. The prosecution expert psychiatrist witnesses attributed Lo’s actions to a narcissistic personality disorder. The jury sided with the prosecution and delivered a guilty verdict after three days of deliberation. Lo was found guilty on all 17 counts he was charged with. He was found guilty on 17 counts. He was sentenced to two consecutive life without possibility of parole terms plus 19-20 years.

Sentencing

He was immediately sent to prison on February 3, 1994.

Appeals

In 1998, the Supreme Judicial Court of Massachusetts rejected Lo’s appeals.

Outcome

RLI Insurance Company vs. Simon's Rock Early College & others was a civil action concerning insurance coverage for claims arising from the December 14, 1992 shooting rampage by a student of the college. The civil action commenced in the Superior Court Department on July 29, 1994. The case was heard by Peter F. Brady, J., on motions for summary judgment.

On cross motions for summary judgment, a judge of the Superior Court:

• allowed the motion of the primary insurer, American Alliance Insurance Company (American),
• denied RLI Insurance Company’s (RLI’s) motion,
• made a declaration that all claims arising from the shooting rampage arose out of a single occurrence,
• declared that American’s policy with respect to the underlying claims would be exhausted upon payment of its $1 million per occurrence limit, and
• made a declaration that RLI’s obligation to pay would begin upon exhaustion of American’s per occurrence limit.

RLI appealed. The appellate court affirmed the judgment. The appellate court differed in analysis from the Superior Court judge but still concluded that the underlying claims arose from a single occurrence under American’s policy, limiting American’s liability to $1 million.

Other details

Early life and education

Lo was born in Tainan, Taiwan. His father was a fighter pilot in the Taiwanese air force and his mother was a music teacher. Lo had a younger brother. The family immigrated to the U.S. in 1987, settling in Billings, Montana. Lo’s parents ran a restaurant business in Billings. Lo attended Lewis and Clark Jr. High School and then Billings Central Catholic High School. He was a violinist and played in the Billings Symphony beginning in his freshman year of high school. He attended the Aspen Music Festival and studied under Dorothy Delay. In 1991, Lo was accepted by Simon’s Rock College of Bard in Great Barrington, Massachusetts and given the W.E.B. DuBois minority scholarship.

Character and claims about beliefs

Statements were made prior to the trial regarding Lo’s bigoted and racist views. He was never charged with a hate crime. The racist accusations were never substantiated during the month-long trial.

Purchase and campus activity

On December 14, 1992, a receptionist delivered a package to Lo. Lo initially refused Robinson’s request to show her the contents of the package, and later displayed what he said had been inside the package: ammunition magazines that appeared to be empty, a plastic rifle stock, and an empty cartridge box. Lo said the cartridge box was a Christmas present for his father. Lo said the other items were his and that he had a semiautomatic rifle at home in Billings that he used for target practice. Dean Rodgers described Lo as “calm, coherent, logical and open.” Lo took a 3 P.M. exam on campus. Lo attended a scheduled dormitory meeting with Floyd Robinson and other students after receiving threats involving the Robinson family.

Shots at the security shack and deaths

Theresa Beavers was stationed at the main entrance at a guard shack. At about 10:20, Beavers told her husband to hold on because someone was approaching the shack. Beavers said: “There's a kid out here with a gun.” Beavers put down the phone. Her husband heard her say: “Oh my God, no!'” Her husband heard a crash, an explosion, and heard her screaming. Police said Lo squeezed the assault rifle trigger twice, firing two bullets that passed through Beavers’s abdomen and smashed into the guard shack wall. Beavers was listed in serious but stable condition at Fairview Hospital in Great Barrington.

Police said Lo next turned on a Ford Festiva that had pulled up to the security shack. The driver was Nacunan Saez, a 37-year-old professor of Spanish from Argentina who spoke four languages and liked to take 50-mile bicycle rides. Police said Saez had never taught Lo. Police said Lo pulled the trigger again and a bullet hit Saez in the side of the head. Saez drove his car off the road into the snow and died there.

Library and dormitory shootings

Police said Lo headed toward the Simon’s Rock library. There he fatally shot Galen Gibson and wounded Thomas McElderry. Police said Lo’s next destination was a dormitory where Joshua A. Faber had been watching Monday Night Football in a television room in the basement. Faber said he did not think Lo planned to shoot him. Faber said he knew Lo only slightly and had on occasion played football with him after class. Faber stated: “At first we dismissed it as a prank.” Faber stated: “Suddenly I felt an explosion and I realized I had been shot,” and stated: “I thought I'd better get away from the area as quickly as possible. I hopped up the steps and a friend helped me into the residence director's room.” Faber was shot through both thighs and his left calf. His friends wrapped a tourniquet around his right thigh and applied pressure to the left while they waited for an ambulance. Matthew David was also wounded.

Clothing and statements after custody

Lo wore a sweatshirt embellished with four words that are the name of a hardcore band. The name of the band was Sick of It All. Lo had said nothing publicly about the shootings since being taken into police custody. Lo was being held without bail while a grand jury reviewed the charges.

Civil case details about insurance coverage

RLI filed a complaint seeking a declaration that the coverage available for all of the underlying tort claims under American’s policy of insurance was the aggregate limit of $3 million. American counterclaimed seeking a declaration that coverage under its policy would be exhausted upon the payment of its per occurrence limit of $1 million. The appellate reasoning addressed the number of “occurrences” under the American policy, where occurrence was defined in terms of an “accident” and “continuous or repeated exposure to substantially the same general harmful conditions.” The appellate court concluded that the occurrence for insurance coverage purposes was determined by the conduct of the insureds in allegedly failing to prevent Lo from using his gun, and that “cause” and “occurrence” were indistinguishable for purposes of the analysis. The appellate court affirmed the declaration that the underlying claims arose from a single occurrence under American’s policy.

In the civil appeal, Jacobs, Duffly, & Cypher, JJ were listed as present. The dates shown were February 7, 2001 and March 22, 2002. The docket number was 97-P-801. The county was Essex. The Superior Court motion for summary judgment was heard by Peter F. Brady, J.

Timeline

• February 3, 1994 — He was sentenced and immediately sent to prison; he received two life sentences without the possibility of parole.
• December 14, 1992 — Wayne Lo carried out a shooting rampage at Simon's Rock College of Bard.
• 1991 — Lo was accepted by Simon's Rock College of Bard in Great Barrington, Massachusetts and given the W.E.B. DuBois minority scholarship.
• 1987 — The family immigrated to the U.S., settling in Billings, Montana.
• 1998 — The Supreme Judicial Court of Massachusetts rejected Lo’s appeals.
• July 29, 1994 — The civil action commenced in the Superior Court Department.