On 13 January 1904, O'Kelley was arrested by a police officer named Bunker. O'Kelley was released and went to his hotel, where he commented to others that the police had better not try to arrest him again. That evening, Officer Joseph Grant "Joe" Burnett (1867-1917) was walking his beat on the south side of First Street, in front of the McCord & Collins building. Burnett encountered O'Kelley and greeted him politely. In reply, O'Kelley struck at the lawman and drew a revolver. As O'Kelley struck at the officer again, Burnett grabbed the gun with his left hand.