Rochester, MN (KROC-AM News)- The Olmsted County Attorney’s Office has filed charges against a Kellogg man accused of firing a gunshot while being arrested at a Rochester hotel earlier this week. 

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The Rochester Police Department says officers were dispatched to the Extended Stay America Motel south of the Hwy. 52/South Broadway interchange on the report of individuals with guns on the property around 12:15 a.m. Wednesday. Police encountered 33-year-old David Collier, who officers say pulled a gun out of his pocket then fired a bullet into the ground while police attempted to arrest him. 

Olmsted County ADC photo
Olmsted County ADC photo

Court documents say three officers confronted Collier in a laundry room at the hotel. The first officer to find Collier saw him a vending machine.

Aware Collier may be armed, the officer restrained Collier, who then began resisting officers as backup arrived in the laundry room. Court documents say Collier then kicked an officer in the lower leg and began to contort his body in an attempt to slip away from police custody. 

Collier Complaint. Olmsted County Court
Collier Complaint. Olmsted County Court

The charges say Collier then reached into his left pocket during the struggle and withdrew a handgun that he was trying to move into a shooting position. An officer reached for the barrel of the weapon to try and deflect it away before it could be aimed at his fellow officers. 

Collier then pulled the trigger, firing a round into the ground before he could move the gun into an aiming position. The officer was able to grip the firearm and wrestle it away from Collier who continued resisting arrest, according to the criminal complaint. 

Collier complaint. Olmsted County Court
Collier complaint. Olmsted County Court

The officer then deployed his taser on Collier to no effect. Collier then grabbed the officer’s taser with his right hand and pulled the trigger, which did not appear to inflict harm to the officer, according to the complaint. Police then subdued Collier after the struggle continued for several more minutes. 

A subsequent search of Collier following his arrest revealed 0.65 grams of suspected methamphetamine in his pocket. Collier is set to be arraigned in Olmsted County Court Friday on the following felony charges: 

  • Second-degree assault with a dangerous weapon  
  • Attempting to disarm a police officer 
  • Fifth-degree drug possession 
  • Possess Ammo/Any Firearm - Conviction or Adjudicated Delinquent for Crime of Violence

Prosecutors also filed the following gross misdemeanor charges against Collier: 

  • Fourth-degree assault of a peace officer 
  • Possess Ammo/Any Firearm - Commit/Confine Chemically Dependent
  • Possess Ammo/Any Firearm - Previous Felony Conviction

Court records indicate Collier has an active arrest warrant stemming from a felony fleeing conviction in Wabasha County last February. A judge in the case set his conditional bail at $100,000. His next court appearance is set for February 28. 

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