Search warrant details events of police-involved shooting
Posted October 8, 2008
Cary, N.C. — A former Marine shot and injured by a Cary police officer last month became frantic and refused to drop a handgun before he was shot, according to a search warrant released Wednesday.
James Cummings, 31, was shot early Sunday, Sept. 28 at a residence on Dundalk Way after officers responded to a distress call from his fiancé.
In a 911 call released last week, she told a 911 dispatcher that Cummings had been drinking, was "going crazy," and that she thought he was going to try to kill himself.
According to a probable cause affidavit for a search warrant, Cary police, including members of the department's Crisis Intervention Team, went to the home and were able to speak with Cummings and his friends.
"At some point during the conversation, Cummings became agitated, ran into the kitchen and grabbed what appeared to be a black-colored semi-automatic handgun," the affidavit states. "Cary police officers challenged Cummings to drop the weapon, and he did not comply."
Officer Joseph Kennedy fired his gun once at Cummings, striking him in the abdomen, the warrant stated.
Cummings was listed in good condition at WakeMed Wednesday. His father, James Cumming Sr., has said his son is mentally ill and suffers from post-traumatic stress disorder.
Town of Cary spokeswoman Susan Moran said Wednesday she could not confirm the name of the officer. Last week, she said, he was on administrative duty pending the conclusion of internal and external examinations.
The State Bureau of Investigation has been called in to review the case, which is standard protocol for any officer-related shooting.