Sires was in James Smith's Saloon on Washington Street near 2nd Avenue when he heard a gunshot outside. He went out to investigate and witnesses pointed out a man in front of the Wa Chong Company Store who was running away. Sires pursued the man up 3rd Avenue to Mill Street (Yesler Way). The man stopped in front of Madame Malla's and turned and warned Sires, who was apparently not in uniform, to stay back. He then shot Sires in the throat and fled. Madame Malla heard the shot, went out and found Sires, and blew her police whistle.
There were no witnesses to Payne shooting Sires, but witnesses identified Payne as the man who was firing a gun in the street and who had fled the scene. Seattle Policeman Jim Woolery traced Payne to a room at Aldus Restaurant and arrested him there. No gun was found, but Woolery testified that Payne said that the shooting was an accident.
Payne was held for trial in the city jail. On January 18, 1882, a mob seized two other men accused of murder outside of court, and lynched them. Someone shouted to go after Payne. The mob stormed the jail looking for Payne and other prisoners pointed him out. Payne was dragged out and hanged next to the other victims. Payne protested that he was innocent.
David Sires was the first peace officer killed in the line of duty in Seattle.