Motive unknown in shooting of officers

VAN BUREN — The motive as to why a Van Buren man allegedly fired upon officers attempting to serve him with an eviction notice Friday morning remains unknown.

“I wish I knew,” said Carter County Sheriff Rick Stephens. “Sometimes, it’s difficult to wrap our minds around why people do some things.”

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

“They were actually going to execute the eviction and made verbal contact with (Cummings)” inside the residence, said Stephens. “When they attempted to gain entry into the house, it’s my understanding, then shots were fired.”

The officers, he said, were on the front porch of the single-family home when multiple shots were fired.

The shots injured Missouri State Highway Patrol Trooper Caleb McCoy and Carter County Deputy Brigg Pierson.

The officers, along with Carter County Chief Deputy Justin Eudaley, patrol Trooper Alysha Falterman and Cpl. Jason Kussner, had arrived at Cummings’ residence to serve a “court order to remove Mr. Cummings from the property per the judgement,” Eudaley wrote in a probable-cause statement.

Pierson, Eudaley said, knocked on the door and told Cummings to come outside.

“Mr. Cummings yelled for us to place the eviction on the door and leave,” Eudaley said. “Deputy Pierson identified himself as a deputy with the Carter County Sheriff’s Office multiple times.”

Eudaley said he also yelled and informed Cummings “it was not an eviction; it was an order to remove him from the property, and we were going to kick the door open.”

Pierson also reportedly told Cummings of their intentions to kick the door open.

“Deputy Pierson kicked the door open, and Mr. Cummings began to fire,” said Eudaley, who indicated he, Pierson, McCoy and Kussner were standing by the door when Cummings allegedly began firing at them.

McCoy, according to earlier reports, was able to retreat on his own, while Pierson was assisted away by the other deputy and a trooper.

Stephens described it as being “several yards to where they were able to get cover.”

Pierson was shot multiple times in the chest, groin and leg, while McCoy was shot once in the chest. Both were wearing ballistic vests.

Pierson was flown from the scene to a St. Louis hospital, where he remains in an intensive-care unit.

“He’s holding his own and fighting hard,” Stephens said.

McCoy was taken to an area hospital, where he was treated and released Friday afternoon.

Since one of his deputies was involved, Stephens said, he immediately requested assistance from the patrol’s Division of Drug and Crime Control.

DDCC investigators were among the numerous law enforcement officers from multiple local, state and federal agencies who converged on the home, located about 100 yards off of Highway M.

No local traffic was allowed onto Highway M until well after Cummings surrendered just before 5 p.m.

“He was taken to Butler County by the Missouri State Highway Patrol; he was interviewed by the Division of Drug and Crime Control” investigators, Stephens said.

Cummings, 31, was booked in the Butler County jail on four Class A felonies of first-degree assault and four unclassified felonies of armed criminal action. He is being held without bond.

After Cummings’ arrest, Stephens said, DDCC investigators, as well as agents with the FBI and Bureau of Alcohol, Tobacco & Firearms, processed the scene.

“I know they recovered multiple weapons,” Stephens said.

Investigators, he said, were concerned about the possibility of booby traps at the scene.

“To my knowledge, none were found,” Stephens said. “Tactically, we’re always concerned about that.

“We want to make sure all emergency personnel remain safe; we check for that to ensure there is nothing.”

Stephens said there was no “direct indication” there would be any booby traps, but it was done to “ensure the safety of everybody.”

Officers, the sheriff said, remained on the scene until late Friday.

“I’m thankful that the suspect surrendered peacefully, so there was no other injuries or people placed in harm’s way,” said Stephens, who expressed his appreciation to all the assistance his department received.

At this time, the investigation remains ongoing, according to Sgt. Jeff Kinder, Troop G’s public information officer.

“We have an internal investigation and also the criminal investigation that goes along side of that, which is the case in every officer-involved shooting,” Kinder explained.

Investigators, he said, are following a strict set of procedures as they would on any officer-involved shooting.

“They will do interviews with everybody involved,” Kinder said.

Further details about the investigation are not being released at this time.

According to court personnel, Cummings was arraigned Sunday in jail by Associate Circuit Judge Stephen Lynxwiler.

Cummings is to appear at 8:30 a.m. Monday for a bond hearing in his case and again at 9 a.m. Sept. 10 for the setting of a preliminary hearing date.