Newton had been convicted of assault with a deadly weapon for repeatedly stabbing another man, Odell Lee, with a steak knife in mid-1964. He served six months in prison. By October 27–28, 1967, he was out celebrating the release from his probationary period. Just before dawn on October 28, Newton and a friend were pulled over by Oakland Police Department officer John Frey. Realizing who Newton was, Frey called for backup. After fellow officer Herbert Heanes arrived, shots were fired, and all three were wounded.