Suspect in Friday shooting appears before judge Sunday on two separate weapons-related cases, denied bond

The suspect in the shooting of two members of law enforcement made his first appearance before a judge Sunday during a hearing at Butler County jail.

James D. Cummings, 31, is currently being held without bond at Butler County jail, charged with four felony counts each of first-degree assault and armed criminal action.

Cummings surrendered to law enforcement shortly before 5 p.m. Friday, about seven hours after he is accused of shooting a Carter County deputy and Missouri State Highway Patrol trooper who were attempting to serve an eviction notice (see main story).

The hearing for the Van Buren resident was held at Butler County jail, according to Casenet.com, “due to the nature of the charges” against the defendant. A hearing was also held Sunday at the jail for Cummings on a separate and unrelated charge of unlawful use of a weapon dating back to May.

He appeared before Associate Circuit Judge Stephen Lynxwiler, represented by Tim Fleener with the Public Defender’s Office.

Fleener made an oral request for bond to be set, which was denied by Lynxwiler. A bond hearing was set for 8:30 a.m. Aug. 26 on the charges stemming from Friday’s incident. Cummings is also to appear at 9 a.m. Sept. 10 for the setting of a preliminary hearing date.

Cummings also entered a plea of not guilty to misdemeanor charges of unlawful use of a weapon, discharge along a highway or into an out building, and a second or subsequent charge of disturbing the peace. The case was filed Aug. 8, and relates to a May 23 incident, according to Casenet. His next court appearance for that case will be Sept. 10.

It is an unusual situation to hold a prisoner who has shot an officer, Butler County Sheriff Mark Dobbs said Saturday.

“Although emotions run high, our mission continues in that we must now concern ourselves with confining a very dangerous individual in a professional manner,” Dobbs said.

Butler County Sheriff’s Department was among many agencies that assisted area law enforcement Friday, as they responded to the incident.

The sheriff’s department assisted with highway patrol calls, as many troopers were in Carter County, Dobbs said.

“I stayed in close contact with the sheriff over there, and he never got to a point where he needed extra manpower from us,” Dobbs said. “In times like these, we always offer any additional manpower or equipment that is needed.”

Both Dobbs and Poplar Bluff Police Chief Danny Whiteley were in contact with Stephens and the MSHP to offer assistance on Friday.

PBPD K9 Officer Billy Duckett is a liaison to an ATF task force, Whiteley said Saturday. Duckett went to Carter County with the ATF to assist with the response at the scene.

“We need to thank God for looking over the two officers that were shot yesterday. It was a miracle one or both of them wasn’t killed. It took the hand of God to protect those guys,” Whiteley said, describing the incident as an ambush. “As I’ve always contended, Southeast Missouri, in times of tragedy, whether it be floods or ice storms or tornadoes, everyone comes together and particularly in law enforcement.

“When we have some scumbag that shoots two law enforcement officers, we have to respond with a united and overwhelming force to either take the subject into custody or neutralize him.”

That was done so because of the inner agency working relationships, Whiteley said, adding he is extremely proud of all the agencies who accomplished this task.

Stephens thanked the men and women of the Carter County Sheriff’s office in a Facebook post made late Friday night.

He also recognized the help of other agencies who responded or assisted in some way, including the Poplar Bluff Police Department; the Butler County Sheriff’s Department; the MSHP troops C, E and G; Van Buren, Ellsinore and Mountain View police departments; the Missouri Department of Conservation; the National Park Service; the National Forest Service; ATF and the FBI.