Neagle, who was 5'7" tall and weighed 145 pounds, testified that the 6'3", 250-pound Terry recognized Neagle from the earlier confrontation in the courtroom. Neagle rose from his chair and said, "Stop that! I am an officer." When Terry drew back his fist to deliver another blow, Neagle shot Terry in the heart at point-blank range with a 45 caliber revolver. As Terry fell backward, Neagle fired again, nicking his ear. Neagle announced to the 80 to 100 people in the dining room, "I am a United States Marshal and I defy anyone to touch me!" Field told them that Terry had assaulted him "and my officer shot him."