Allen drew a second pistol and exited his car to engage Van Schaik—who was on the opposite side of the unmarked police cruiser from Allen—in a gun battle, the two men circling the officers' car. Both men exhausted their ammunition without scoring a hit. Allen then returned to his car and retrieved a .30 caliber carbine rifle, again opening fire on Van Schaik, wounding but not killing the officer. The rifle jammed after two or three shots. While Van Schaik lay wounded on the ground, Allen retrieved the .38 caliber service revolver from the corpse of Officer Bosak. He returned to the front of the car where the wounded Van Schaik lay, pleading for his life, and executed him with two shots to the face at point blank range.