On August 17, 2015, around 12:30 a.m., Tucson Police Department officers responded to a report of nude male walking around outside of a convenience store in the 5500 block of East Golf Links Road. Officers arrived on scene and located the male who was now wearing shorts.
The clerk asked the officers to advise the man that the convenience store did not want him on the property and he left without incident.
Approximately one hour after the initial incident, officers located the same man back at the convenience store. The officers exited their marked patrol vehicle to make contact with the male. A fight ensued immediately. During the course of the fight, the man punched one officer in the face. The man was also able to remove the badge from one of the officer’s shirt and attempted to use the pin on the back side to strike the officer in face. Additional officers responded to the scene and were required to finally detain the man in handcuffs. Two of the officers and the man suffered minor injuries. The man was transported to Carondelet St. Joseph’s Hospital and the officers did not seek treatment. The man was arrested for misdemeanor trespass and felony aggravated assault on the officers. The male has been identified as 28-year-old Daniel Nelson.
An officer unrelated to the initial investigation remained with Nelson at the hospital. Around 4:00 a.m., Nelson was being transitioned between beds for a medical procedure that required the removal of his handcuffs. Once the handcuffs were removed, he immediately attacked the officer by punching him in the face. Two hospital employees that were present at the time sought assistance from hospital security. Nelson was able to remove additional restraints and continued his attack on the officer. The officer attempted to utilize his Taser but Nelson grabbed onto it and a struggle for control of the Taser occurred. The Taser was deployed with no noticeable effect. The officer and Nelson both lost control of the Taser. Nelson then began choking the officer. As the officer was unable to breath, he drew his duty weapon. Upon seeing the weapon drawn, Nelson let go of the officer’s neck with one hand and grabbed the officer’s gun with the other hand. A struggle took place over the weapon and during that time the gun was fired and the officer was struck in the hand with one round. The officer continued the fight with Nelson and radioed for emergency assistance. Hospital security responded along with additional officers and Nelson was placed back into custody.
The officer sustained non-life-threatening injuries and was treated and released. Nelson also sustained non-lifethreatening injuries and is still receiving treatment.
Detectives will conduct the criminal investigation. As a duty weapon was discharged during the course of this incident, the Office of Internal Affairs will conduct a separate and parallel administrative investigation to examine the actions of department personnel in response to this incident.
The investigation is ongoing and additional charges are pending Nelson’s release from the hospital.