Flynn was arrested ten times during this period, but was never convicted of any criminal activity. It was a plea bargain that resulted in Flynn's expulsion from the IWW in 1916, along with fellow organizer Joe Ettor. According to historian Robert M. Eleff, three Minnesota miners had been arrested on murder charges arising from an incident which arose when a group of deputised mine guards, including an alleged gunman named James C. Myron and a former bouncer named Nick Dillon, came to the residence of one of the miners, Philip Masonovitch, to investigate allegations of the presence of an illegal liquor still on the premises. A confrontation ensued in which Myron and a bystander were shot dead. According to Eleff, some witness testimony suggested that Myron was killed accidentally by one of his colleagues, who fired into the Masonovitch residence from outside, and that the bystander was killed by Dillon. Three IWW organizers were also charged, although all three were elsewhere at the time. Head of the IWW's organizing committee, Bill Haywood seemed confident that Judge Hilton, who had successfully defended George Pettibone when he and Haywood were on trial in Idaho, could win the case for the miners.