On Sunday afternoon, West Palm Beach police say Upperman's girlfriend called 911, saying he pointed a gun at her. Two officers patrolling the area responded and confronted Upperman.
During an attempted arrest, Upperman reached for one of the officer's guns in the holster, police said. As he and the officer struggled, Upperman kept yelling, "You are going to have to shoot me, you're going to have to kill me." Both officers were yelling at him to let go of the gun.
Upperman then reportedly said he was "going to pull the trigger." Which police say he did. After the gun went off, officers continued to punch Upperman to get him to let go of the gun. Other officers arrived on scene to assist them in arresting Upperman.
The discharged round did not strike the officer or Upperman.