Kellogg man held on on $100k bail after police say he tried to shoot at cops during arrest

An officer with the Rochester Police deflected the man's gun away from officers moments before the weapon was fired.

David Ray Collier
David Ray Collier.
Contributed / Olmsted County Sheriff's Office

ROCHESTER — A 33-year-old Kellogg man accused of firing a handgun during a scuffle with law enforcement earlier this week was ordered held on $100,000 bail or bond with conditions during a Friday, Feb. 17, 2023, hearing in Olmsted County District Court.

David Ray Collier is charged with possessing a firearm after being convicted of a crime of violence, attempting to disarm a peace officer and fifth-degree drug possession, all felonies. He also faces gross misdemeanor counts of fourth-degree assault against a peace officer and two counts related to possessing a firearm.

District Judge Robert Birnbaum also ordered Collier to disclose his possession and location of any firearms and barred him from possessing or using firearms or dangerous weapons. Birnbaum also gave Collier the option of posting a $500,000 unconditional bail or bond.

Assistant Olmsted County Attorney Michael Terrence Walters asked the court to order a $500,000 bail or bond with no conditions due to Collier significant criminal history and at least 11 missed court dates in the past year.

"We are concerned Mr. Collier is a threat to the public," Walters said in court.


Collier's public defender said in court that he's currently in a treatment program in Wabasha County and asked Birnbaum to release Collier so he could attend sessions. Birnbaum denied that request, asking for more concrete information regarding the program.

One officer injured their finger during the arrest, according to Rochester Police Department Crime Prevention & Communications Coordinator Amanda Grayson.

According to the criminal complaint:

Officers with the Rochester Police Department responded to a southeast Rochester hotel after employees called to report that an incident was unfolding that involved firearms being brandished.

While talking with people involved in the incident, Collier began to walk down a hallway but immediately turned away when he saw police.

Collier continued to take several turns in the hotel before he was confronted by officers who had learned he was the suspect with the firearm.

He was stopped in a laundry room and an officer moved to restrain Collier in order to secure the firearm.

Collier began resisting officer's attempts to restrain him, at one point thrashing around and kicking one officer in the leg.


During the struggle, he pulled out a firearm and attempted to direct it towards officers.

An officer used his hands to deflect the handgun away from officers moments before the firearm was discharged. An officer was able to wrangle the handgun away from Collier.

One officer deployed his taser to no effect. At one point, Collier grabbed an officer's taser and pulled the trigger.

No officers were struck by the round discharged from Collier's handgun. A bullet fragment and a bullet hole were found on the floor.

Officers found multiple knives in Collier's pockets, along with a small amount of a substance that field tested positive for methamphetamine.

Mark Wasson has been a public safety reporter with Post Bulletin since May 2022. Previously, he worked as a general assignment reporter in the southwest metro and as a public safety reporter in Willmar, Minn. Readers can reach Mark at
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