Daniel Upton

Name:
Upton, Daniel Neil

Date of Booking:
09/11/2026

Reason(s) For Booking:
BATTERY – FAMILY VIOLENCE

CRUELTY TO CHILDREN IN THIRD DEGREE

Officer’s Narrative:
[Please note: The following is a direct transcription from the official initial incident report. The Georgia Gazette does not fix any spelling or grammatical errors that may exist. Any changes or redactions made by our staff are placed inside brackets. Some errors may exist. All subjects are innocent until proven guilty in a court of law. The topics discussed may be sensitive to some readers. Discretion is advised.]

[NARRATIVE #1 on September 11, 2026]

On September 11, 2026 at approximately 2012 hours, DEPUTY JUSTIN MCCLAIN was dispatched and responded code 3 to [REDACTED BY AGENCY] Clarkesville, GA in reference to a physical domestic called in by a third party.

The caller, [REDACTED BY AGENCY], stated her daughter, [REDACTED BY AGENCY], is at this address and her child’s father, DANIEL UPTON, is on scene fighting with her. [REDACTED BY AGENCY] stated [REDACTED BY AGENCY] also texted her husband, [REDACTED BY AGENCY] stating she need help.

Upon arrival, MCCLAIN made contact with UPTON in the driveway next to a white vehicle being driven by his mother, [REDACTED]. UPTON stated [REDACTED BY AGENCY] started hitting him when he asked her about someone she cheated on him with while he was in jail. UPTON was visibly upset and shirtless.

UPTON was advised to have a seat on MCCLAIN’s push bumper while he determined if anyone on scene needed medical treatment.

MCCLAIN made contact with [REDACTED BY AGENCY] who stated UPTON was invited over to spend time with his daughter. [REDACTED BY AGENCY] stated UPTON was drinking and started arguing with her about who she was sleeping with while he was in jail. [REDACTED BY AGENCY] stated she was in the bathroom while this was happening and tried to leave, however UPTON blocked her path and would not let her. [REDACTED BY AGENCY] stated UPTON pushed her back into the bathroom and up against the wall which is where he grabbed her by the throat. [REDACTED BY AGENCY] stated UPTON grabbed her right hand and started slamming it into the wall, stating he was going to make it look like she was the one hitting him.

[REDACTED BY AGENCY] stated she was able to push UPTON off of her and did hit him but only to get away from him. [REDACTED BY AGENCY] stated once she was able to get away she went outside in hopes that [REDACTED BY AGENCY] would come home.

MCCLAIN made contact with [REDACTED BY AGENCY] who stated he received a text from [REDACTED BY AGENCY] stating she needs help. [REDACTED BY AGENCY] stated he asked [REDACTED BY AGENCY] was ok with her saving no. [REDACTED BY AGENCY] stated he left the gym and returned home. [REDACTED BY AGENCY] stated once in the driveway, he observed [REDACTED BY AGENCY] locked inside the minivan and UPTON was yelling at her to pen the door. [REDACTED BY AGENCY] stated he told UPTON to leave his property with UPTON refusing to. [REDACTED BY AGENCY] stated he ran up to UPTON and pushed him away from the vehicle which is when he turned around and started punching [REDACTED BY AGENCY] in the face. [REDACTED BY AGENCY] stated after UPTON punched him they both went to the ground and started wrestling.

[REDACTED BY AGENCY] stated he rolled around with UPTON for several minutes before UPTON stopped and started apologizing. [REDACTED BY AGENCY] stated he told UPTON to leave several more times but he refused. [REDACTED BY AGENCY] stated [REDACTED] arrived on scene and attempted to get UPTON in the car to leave but he wouldn’t. [REDACTED BY AGENCY] stated UPTON tried to become physical with [REDACTED BY AGENCY] and this is when [REDACTED BY AGENCY] and UPTON began fighting again.

[REDACTED BY AGENCY] stated he told [REDACTED BY AGENCY] to go inside and call 911 but deputies arrived on scene shortly after.

While speaking with [REDACTED BY AGENCY] several cuts on his face were observed by MCCLAIN as well as [REDACTED BY AGENCY] right hand to be swollen. [REDACTED BY AGENCY] stated she is 21 weeks pregnant and her hand hurts to close it. [REDACTED BY AGENCY] also stated her son, [REDACTED BY AGENCY] heard everything that happened inside the house.

UPTON stated he was invited over to hang out with [REDACTED BY AGENCY] and his daughter. UPTON stated he and [REDACTED BY AGENCY] had sex then she started getting dressed up as if she were going out. UPTON stated he asked her about the man she cheated on him with while he was in jail and this is when she started screaming at him and pushed him. UPTON stated [REDACTED BY AGENCY] started slapping him then punched him several times. UPTON stated the only time he touched [REDACTED BY AGENCY] was to grab her hands to keep her from hitting him anymore. UPTON stated once outside and [REDACTED BY AGENCY] was on scene, he did punch [REDACTED BY AGENCY] but he stated he thought [REDACTED BY AGENCY] was about to hit him first.

Given the statements and physical injuries to [REDACTED BY AGENCY] UPTON was placed under arrest with his hands behind his back, checking the cuffs for fit and double locking them. UPTON was searched incident to arrest before being placed in the back seat of his vehicle where he was seat belted in for his safety.

Pictures of all injuries were taken and are attached to this report. Witness statements were provided and collected which are attached as well.

UPTON was transported to the Habersham County Detention Center where he was turned over to jail staff without incident. UPTON is charged with Battery-FVA and Cruelty to Children 3rd. Warrants will be taken at a later time.

[End of Narrative]

[NARRATIVE #2 on September 11, 2026]

On the listed date I, Lieutenant Justin Hicks with the Habersham County Sheriff’s Office, responded with Deputy McClain to the stated address in reference to a domestic.

I arrived on scene and met with the complainant, [REDACTED BY AGENCY]. She stated that Mr. Daniel Upton was invited over to her house to spend time with their daughter. An argument had started and then escalated to the point where Mr. Upton had put his hands on her. She stated that he choked her, slapped her, and then slammed her hand into the wall telling her that he was going to make it look like she hit him. She then stated that he had punched himself in the face.

I then spoke with [REDACTED BY AGENCY] who stated that he was at the gym when he receieved a text from [REDACTED BY AGENCY] stating ‘help’. He then said he rushed home where he observed Mr. Upton yelling at her while she was sitting in her van in the driveway. [REDACTED BY AGENCY] said he approached Mr. Upton and told him to back off and then pushed him away from the van. He then stated they had moved to the front yard where they started fighting.

I spoke with one of the juvenile’s on scene, [REDACTED BY AGENCY], who stated he could hear the fighting and yelling. All of this information was passed to Deputy McClain, who ultimately placed Mr. Upton under arrest. I provided [REDACTED BY AGENCY] witness statements to fill out, and took pictures of their injuries and sent them to SO records to attach to this report.

[End of Narrative]