On September 20, 1904, Officer McGinnis and Officer Jack Gallagher attempted to arrest John Harbin, a local petty criminal, after spotting him standing next to an ice cream wagon. As the officers approached, Harbin shot at Officer McGinnis, hitting him several times. Officer Gallagher shotHarbin once and hit him with his club when Harbin continued to resist after being shot. Officer McGinnis died at the scene. Harbin also died from his injuries.