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Former Marine shot by Cary officer

A former Marine is in critical condition after being shot by a Cary police officer early Sunday. James Cummings' fiancée said she called police because he threatened to hurt himself. Police said that while responding, officers had to resort to force, and one officer shot Cummings. Cummings' father said his son had been drinking and is mentally ill. Cummings is a former Marine and suffers from post-traumatic stress disorder. When police arrived, Cummings' picked up a BB gun which may have led to the shooting, the father said.

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Ex-Marine Shot

Should of had the NCSHP handle the situation instead of some high school graduates with BLET. Guaranteed the situation would have been resolved without anyone being shot. Plus why was he discharged from the Marines knowing that he had a disorder....Im in the Marines and i along with everyone else had to take an exam upon leaving country to see if i showed signs of PTSD. If signs are visible therefore he would recieve help regardless if he wanted it or not.

Do you know what the NCSHP

Do you know what the NCSHP does? Let us break it down North Carolina State Highway Patrol. Here in North Carolina we do not have a state police agency as some other states do. Therefore the NCSHP would not be dealing with a call such as this. Also no matter what agency you are dealing with most likley if you do something stupid and pick up what appears to be a weapon you will probally be shot.

"When police arrived,

"When police arrived, Cummings' picked up a BB gun which may have led to the shooting, the father said." May have led to the shooting, are you kidding me of course it did. How was the officer suppose to know it was just a bb gun, sounds like suicide by cop to me.

Wrong. 8 police officers

Wrong. 8 police officers and 2 EMTs arrived at the scene. They spent 20 minutes trying to coax him to go to the hospital. He walked into the kitchen where a BB gun was located and they shot him. Why didn't they use their tasers and restrain him. It was a crisis intervention call. Listen for yourself. I'm sure his fiancee was expecting this cops to come shoot her man. He is an ex-marine, served in two wars for god's sake. He has Post Traumatic Stress Syndrome and other mental issues. He need help not to be shot. Give the man some respect before you make assumptions and post on this website. Thanks.

No, I'd say that you are 100% wrong

Forget the emotional issues. The fact that he's a former Marine with mental health problems means absolutely nothing when it comes to an officer defending his life. Now, just WHEN were they supposed to use a Taser on him? Ten minutes into the pleading? Fifteen minutes into the pleading? The simple fact is that until he made a threatening move toward the officers, there was no justification for using the Taser. You can't "taze" someone to get them to go to a mental health clinic in the absence of a court order. Unfortunately, when he DID make a threatening move toward officers, there was no time to use a Taser. Are you familiar with a Marksman 1911 BB Pistol? How about a Crossman 38C or 38T, which are near clones of an N frame Smith & Wesson? The police were totally justified in what they did. This is the second such incident in as many months, and the easiest way to stop these tragedies is for the police to decline assisting in "help with a mantal patient" calls unless there is violence involved and someone's life is in danger. As I said, the officers can't MAKE him go to the hospital anyway, so if he's not listening to you, what makes you think he'll listen to a total stranger?

It went down the only way it could.

This is a very sad thing. It is sad for everyone. The deceased, his family and the police that were involved. My guess is the vast majority if not all that are getting on the bandwagon now have never had a weapon pointed at them and certainly never had a shot fired at them. The plain and certain truth is, you only have milliseconds to decide if you are going to live or die, if your family will ever see you again and if you will ever see them again. You do not have the time to go up and read, is it a Daisy or is it a Colt! You do the very best that you can. From what has been released, that is what the officers did. After, not before the smoke cleared it was found to be an air rifle. Folks this is life and death. They could not take that kind of chance. It very much appears, "suicide by cop" and those poor cops have to live with that now. Not you! Do you want them around when you call 911? Then support them instead of making all these after the fact conjectures!

they can

Actually, officers can take a person in to a hospital or other mental health facility, not a jail, by doing an emergency commitment on an individual. There are three types of commitment in NC, voluntary, involuntary and emergency. I'm not arguing about their use of force, seems justified in this case.

An emergency committment order IS a court order

It requires a judge to sign off on it. An officer cannot make an arrest unless he has witnessed a crime, has reasonable suspicion that the suspect has committed a felony, or there is an outstanding warrant or court order. Had these officers simply grabbed this guy and carried him off to the nuthouse, they would have been abusing their powers under color of law. They could have had their pants sued off of them and been subject to departmental discipline. Police are not social workers or psychiatrists. They need to get out of the mental health business. A 155 grain jacketed hollow point is a poor substitute for a thorazine injection. (They're totally different "shots.")

Doesn't require a judge

You can be taken in for an assessment without any judicial official order or warrant. You are not placed under arrest, you are detained for your or others safety. Here is the wording: You may be picked up and detained in two ways: either a judge can order a police officer to take you to a mental health facility, or a police officer can detain you and take you to an appropriate mental health facility without a judge's order or warrant. The decision to detain you on an emergency basis must be based on either personal observation or another person's observation of your recent behavior that makes them believe that you are mentally ill and that you pose a substantial and imminent threat to either your safety or someone else's safety. Examples of this kind of behavior include attempting suicide, striking another person, or a recent pattern of severe emotional distress. And: The police cannot forcibly take an individual to mental health unless it is an emergency situation where the person is a danger to himself / herself or others. If you feel the situation is grave enough, you may need to petition the County Magistrate for an emergency commitment order.

Guesty, I think you two are arguing semantics

An officer can take someone in under the circumstances you are describing but that is often tantamount to committing the misdemeanor he spoke of - if the officer sees the person strike a relative who is trying to get him to sit down, for example. The other question you have to ask is, how did this guy act when the officers arrived? From my (thankfully few) observations, I have seen totally deranged people act 100% normal when an authority (or perceived authority) figure arrives and they are putting on the "Nuthin' wrong with me" act. Also, a magistrate signing an emergency order is effectively the same as a judge signing it. I have to agree with him that law enforcement is not the best option for trying to get a person who needs help into a facility. Get a doctor, more family, even another disturbed acquaintance who may be a bit more coherent and trusted, who can prevail upon the person that they really do need help. Police officers are here to enforce society's laws, and speaking from experience, most take the minimum of Soc and Psych classes they have to take to get their degree. (And who could blame them! YUCCH!)

There was no question he was

There was no question he was a threat to himself when his fiancee made the call (listen to it--> or when they arrived. He did not put on the "there is nothing wrong with me act" when the police arrived. The witnesses, EMT and fellow officers attest to this. Furthermore, there is no evidence he even had a gun in his hands when the officer shot him. In fact, he was shot through the side of his abdomen which tells me he wasn't even facing them when the shot was fired. You were completely wrong with your assumptions that the police do not have the right in the state of NC to detain a person without consent or a judges order when they are an immediate threat to themselves. Just like you assume he had a weapon (bb gun) in his hand or was pointing it at them. Regardless, they had plenty of time to handle the situation before the one officer got trigger happy. The facts will come out. There were 15 witnesses (8 officers, 2 EMTs, fiancee', roommate and 2 friends) at the home when it all happened.

Sure....hang him now, right?

I never worked state law enforcement, so I'll give you the Supreme Court interpretation on police detaining a person when that detention results in transporting the person: It constitutes an arrest, plain and simple. Go ahead and "detain" one of these people and see what happens if he gets a lawyer and decides to make an issue of it. Meanwhile, don't be intentionally dense. There is absolutely no requirement for a suspect to be facing you if deadly force is justified. He may very well have been shot by a different officer than the one in danger. You can apply deadly force to protect yourself OR ANOTHER PARTY from death or grievous bodily injury. You obviously have determined that a police officer has made an error and needs to be strung up. I, on the other hand, am willing to wait for the investigation to be conducted. Maybe that investigation will determine why his roommate and two friends couldn't handle the situation themselves.....?

The facts will come out and

The facts will come out and I bet that what you think you know as well what everyone else thinks they know won't be what the real facts are

You'll get facts but... sided just as in the Peyton Strickland and Gary Rumor cases. The man was trained to kill for his country but became a victim of it instead.

You don't know if you only

You don't know if you only got one side of the facts or not...just because you didn't like the answers that were told to you doesn't mean they weren't the facts. We are also talking about two completely different situations. Officers have the right to protect themselves. In this situation, an officers life was preceived to be in danger. There was no way to tell whether the gun was fake or real and it doesn't matter who shot the marine. It's an unfortunate event, but LEO acted in a responsible manner. Until someone comes out that says differently, we shouldn't say otherwise

I spent 22 years in the Marines

Never once do I remember them telling us that it was okay to point guns at the police. He may have once been a Marine, but when the police were there what he was agrumentative, drunk, and making the fatal mistake of reaching for a weapon. Don't blame "his country" for that. Blame him.

two facts

One fact is peyton was a thief. The other is he will never rob or hurt anybody.


One fact Peyton became famous, are you jealous because your still talking about him. I guess you support the adults who commit crimes? Oh, it's better to rape and kill then steal something? Stealing is a mistake, rapeing and killing deserves death, Peyton did not derserve to die at the hand of a scared cop!

Don't forget...

You know people it's really ashame that all of you are on here talking about something you have know idea what the hell happened to a full detailed extent. We have not heard any statements from the shooting officer or his fellow officers that were on the scene. We can't get the victims state because why, oh yeah he is still on life support. The state is still conducting the investigation, so in the mean time remember that James is a son, a brother, a soon to be husband, and a friend and just try oh so hard to be respectful to him, those close to him and everyone involved.


You are right, Peyton did not deserve to die...but his actions are what brought about his death.


Nope, I didn't bring him up, just want people to remember why he is "famous" as you say. I don't remember ever saying it is better to rape or kill. I'm all for 3 strikes and you are out. Stealing isn't a mistake, it is a choice and he had to pay for his choice. You must be one of the "not my fault" crowd.