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Wake DA: Cary police shooting doesn't warrant prosecution

Posted December 19, 2008
Updated December 22, 2008

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— The shooting of a former Marine by a Cary police officer does not warrant prosecution, Wake County's district attorney said Friday.

James Cummings, 31, was shot Sept. 28 at a residence on Dundalk Way while officers responded to a call from his fiancé, who was concerned he might try to kill himself.

According to a probable cause affidavit to search the home after the shooting, Cummings became agitated and grabbed what appeared to be a semi-automatic handgun.

Officers asked him to drop the weapon, and when he refused, Officer Joseph Kennedy fired once, striking Cummings in the abdomen.

An inquiry by the State Bureau of Investigation found Kennedy's action was not criminal, and an internal investigation by Cary police found that he was justified in his action.

Cary police said Kennedy, who was put on administrative duty pending the conclusion of the two investigations, has returned to patrol.

Kennedy, 31, has been with the department since April 2007.


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