Constable Fitzpatrick was in charge of the small police station in Greta. Because of the Kelly family's long history of criminal activity, Police Superintendent C. H. Nicholson had given orders that the police were not to go to the Kelly's house alone. But Fitzpatrick decided he would 'fix the Greta mob'. In April 1878, he went to the house to arrest Ned's brother, Dan Kelly for horse stealing. Dan had only been recently let out of prison. Fitzpatrick was probably drunk, as he had stopped at the Winton hotel to drink brandy. Dan Kelly refused to go back to the police station with Fitzpatrick, because the policeman did not have a warrant, the official document needed to make an arrest. Fitzpatrick then tried to make Kate, Ned's 15-year-old sister, sit on his knee so he could kiss her. This started a fight with members of the family and Fitzpatrick hurt his wrist. He and Ellen, Kate's mother, agreed to forget what had happened. But when Fitzpatrick went back to the Benalla police station he said Ned had shot at him three times and Ellen Kelly had hit him on the head with a shovel. Fitzpatrick lost his job with the police in 1881 after the head of the police force said he was a "liar".