At approximately 1:47 a.m. Sunday, Tpr. James Cress, from the Wilmington Patrol Post, stopped Baker's vehicle for driving left of center and suspected operating a vehicle under the influence (OVI) on State Route 753, south of U.S. 35.
A timeline of events visible on the in-car video of incident include:
1:48:10 Baker refuses to be patted down for weapons and assaults Tpr. Cress.
1:48:12 Struggle ensues and Baker pulls .45 caliber semi-automatic handgun.
1:48:22 Baker drops the firearm but recovers it as he and Tpr. Cress struggle and fall to the ground.
1:48:26 - 27 Baker fires round from .45 caliber handgun toward Tpr. Cress.
1:48:27 - 1:49:25 Baker maintains gun in hand. Tpr. Cress attempts to remove weapon from Baker's hand.
1:49:25 Baker's weapon visible, facing Tpr. Cress's in-car video camera.
1:49:34 Tpr. Cress is unable to gain control of Baker's weapon and as he is turning himself and his weapon toward Tpr. Cress, Baker is shot in the left side of his head by Tpr. Cress.
1:49:38 With Baker's weapon still in his hand, Tpr. Cress secures Baker's weapon from him.
1:57:40 After securing passenger from Baker's vehicle, Tpr. Cress begins first aid on Baker.
Patrol investigators discovered two bags of cocaine in his pocket and that Baker had an extensive criminal history including drug and weapon charges and violent behavior.