Deputy remains in intensive care following shoot out, suspect in custody

VAN BUREN — About seven hours after allegedly shooting and wounding two members of law enforcement as they attempted to serve him with an eviction notice, a Van Buren man “gave up peacefully without incident.”

James D. Cummings, 31, was in custody as of shortly after 5 p.m.

Missouri State Highway Patrol Trooper Caleb McCoy and Carter County Deputy Brigg Pierson were injured in an exchange that began shortly before 10 a.m.

McCoy was taken to a local hospital, treated and released after being struck in his ballistic vest, according to officials.

Pierson was struck multiple times and was in an intensive-care unit for gunshot wounds to his leg, groin and chest as of Friday evening. The deputy was taken by helicopter to a St. Louis hospital.

Suspect surrenders

“Just before 5 o’clock, our (Missouri State) Highway Patrol SWAT team approached the residence utilizing their armored truck,” said Cpl. Dallas Thompson, a MSHP public information officer.

Once in front of the Highway M residence, “they used a loud speaker from the truck to try to negotiate, make contact with the subject inside the house,” Thompson said. “Eventually, the suspect began talking to the negotiator.”

Thompson said Cummings subsequently exited his residence.

“He was alive and well and gave up peacefully without incident,” Thompson said.

He now is charged with four Class A felonies of first-degree assault and four unclassified felonies of armed criminal action. He has been ordered held without bond.

Shots fired

Cummings is accused of shooting at four law enforcement officers, two of whom sustained non-life threatening wounds.

“At about 9:51 (Friday) morning, the highway patrol assisted the Carter County Sheriff’s Office in serving legal process papers” at Cummings’ residence, said Thompson. “While attempting to contact the occupant (Cummings) in the house, shots were fired from inside the home toward the officers.

“When the shots were fired, both the trooper and deputy were struck by bullets.”

Thompson said it is not known at this time how many shots were fired.

“There were actually two troopers and two deputies who went to the house to serve these papers,” Thompson explained.

When Cummings allegedly opened fire, McCoy and Pierson were hit. None of the officers returned fire, Thompson said.

McCoy was able to retreat on his own, according to Thompson.

“The other deputy and trooper, they assisted Deputy Pierson away from the residence,” Thompson said.

The officers, he said, “got some cover and called for assistance.

“When back up arrived, (the injured) were transported” for medical treatment.

Thompson said McCoy was struck in his ballistic vest.

“Luckily, the bullet did not penetrate his vest,” said Thompson.

McCoy was taken to a hospital, where he was treated and released.

“The deputy … got struck a couple of times,” Thompson said. “He was flown by med-evac to a hospital in the St. Louis area. …

“He’s still undergoing medical treatment,” but is “in stable condition.”

The deputy was in an intensive-care unit for gunshot wounds to his leg, groin and chest, said patrol Sgt. Clark Parrott.

No vital organs were hit, said Parrott. The deputy reportedly also was wearing his ballistic vest.

After allegedly firing on the officers, “the suspect inside the house never exited the residence,” said Thompson, who indicated officers had no contact with Cummings until just before 5 p.m.

“We tried to use telephones to call the house; no one answered,” Thompson said. “We tried to use a loud speaker from down the road a little ways down the driveway, where they officers still had cover.

“ … All our attempts, all day long had been unsuccessful until we were able to get closer to the house using the armored vehicle.”

Throughout the day, Thompson said, officers had “the house surrounded. The area around the residence (was) secured.”

Thompson said SWAT team members from Troop C began arriving by early afternoon Friday.

At about 3 p.m., Thompson said, officers were in negotiations as they were “trying to get him to talk to us.”

A SWAT negotiator, as well as an FBI negotiator, had been trying to make contact.

Had contact not eventually been made with Cummings, Thompson said, officers had been considering other options, including making entry into the residence to see if Cummings was inside.

Area closed to

residents

As officers remained on the scene throughout the day, no local traffic was allowed onto Highway M.

Two Van Buren police officers and Van Buren volunteer firefighters manned the road block, turning everyone away.

Some of the residents ended up at the Van Buren Community Center, where waited to learn when they could go home.

“We came to town for breakfast; we can’t go home,” said Gail Cox, who lives on Bass Rock Drive about a mile north of U.S. 60. Cummings’ house, she said, was about a half mile further north from her house.

As Cox and her husband, Thomas, waited, she said, her grandson and three others were en route from Cape Girardeau for the weekend.

Rebeca Pacheco, who lives about three to three and one half miles up Highway M, and her dog, Hank, also were at the center.

“I took my dog to the vet in Poplar Bluff; now, I can’t get home,” Pacheco said.

The highway reopened shortly after 7 p.m.

Investigation

continues

Officers remained on the scene at press time as the incident is “still under investigation,” Thompson said. “Our investigators will be searching for evidence of crimes for the next several hours” Friday night.

“Once the investigators get in and finish their investigation at the scene, there could be additional charges filed at a later time,” Thompson said.

At this time, Thompson said, he is unsure what evidence officers may have found at the scene, including what weapons may have been there.

Among those responding to assist the sheriff’s department and highway patrol were officers with the Van Buren, Ellsinore and Poplar Bluff police departments, National Park Service, Missouri Department of Conservation, FBI and Bureau of Alcohol, Tobacco & Firearms.

“My prayers are with all involved, and I am thankful for all the men and women and agencies who came to our aid,” said Carter County Sheriff Rick Stephens.