Officer Near was shot and killed with his own service weapon while struggling with a suspect in a local restaurant on Genesee Street. Officer Near had responded to the scene to investigate reports of a drunk and disorderly patron. As Officer Near and the subject struggled, the suspect's brother grabbed Officer Near's service weapon from its holster and shot him.
The suspect was convicted of second degree murder and sentenced to 20 years in prison on March 5, 1923.