Posted on 11/30/2006 4:22:56 AM PST by Sybeck1
Mississippi judge ignored his heart and relied on the law, denying bond for a Germantown man charged with killing an Ole Miss police officer. Judge Henry Lackey's decision after a three-hour hearing in Lafayette County Circuit Court in Oxford, Miss., on Wednesday leaves Daniel Cummings, 20, in custody for capital murder in the Oct. 21 death of Officer Robert Langley.
"If I were to let my emotions and feeling overrule (me), I would grant bond," Lackey said in rendering his decision. "But under the law ... I believe I would be in error." More details emerged during the hearing about the night the officer died. And Cummings took the stand to emphasize his promise to abide by the possible provisions of a bond, such as a curfew and random drug testing.
He also acknowledged that he had used cocaine, but told the court he had overcome a drug problem while in jail.
Cummings was indicted Nov. 17 on capital murder under the state's depraved heart statute.
A standing-room-only crowd filled the second-floor courtroom. Law enforcement officers in uniform packed several rows of seats and stood along the walls. Langley's widow, Lisa, accompanied by the family's attorney, Rhea Tannehill, sat a couple of rows behind the prosecution table where Dist. Atty. Ben Creekmore presented his case.
Fraternity brothers, many in blue blazers and button-down dress shirts, sat behind the Cummings family. Cummings, sitting beside defense attorneys Steve Farese and Tony Farese, was dressed in orange prison garb all the way down to orange shoes. He sat stiffly and showed little emotion before taking the stand, where his eyes reddened and became puffy as he cried slightly.
The prosecution's evidence to hold the suspect without bond centered on the investigation of Oxford Police Maj. Joe East.
East outlined how Officer Michelle Thompson and Langley stopped Cummings for speeding at a convenience store just off campus in the early morning hours of Oct. 21. When Cummings questioned Thompson about the stop, Langley was checking the car with a flashlight from the passenger side.
A surveillance video at the business showed part of the encounter between the Germantown man and the officers.
East said his investigation revealed that Cummings put the black pickup in reverse and started speeding away. With Thompson hollering for Cummings to stop, Langley reached into the truck. The officer was hanging from the truck as it left the parking lot.
East said Thompson told him that about a tenth of a mile later, the car "abruptly weaves."
"When that happens, she sees Robert hit the ground," East said.
Langley died later that morning at the Regional Medical Center at Memphis.
Cummings was arrested at a friend's apartment where he had gone after running his truck off a road. Chuck and Kaye Cummings, having been called by their son, arrived from Germantown about the same time.
A flashlight, believed to be Langley's, was found near Cummings' truck.
East also testified that urine tests taken after Cummings' arrest showed traces of THC, cocaine and alcohol.
Farese put on a trio of family friends and the defendant's father to try and convince the court they would be able to control Cummings if he was released, have him abide by the terms of bond and assure his return for trial.
Lackey called the officer's death a "double tragedy" and noted that "just one error, one mistake can follow you."
Creekmore, who opposed bond from the start, said: "I believe the court's ruling expressed better how I felt about the case than I could ever say on my own."
Chuck Cummings said he and his wife were "obviously disappointed" by the decision.
"This was not the end game. We're confident something good will come of this as we move further down the road."
Daniel Cummings of Germantown, with attorney Tony Farese, listens as his father, Chuck Cummings, testifies during a bond hearing Wednesday at the Lafayette County Courthouse in Oxford. Cummings is charged with capital murder in the death of a University of Mississippi police officer.
The parents are almost as creepy as their creepy son.
I hope the perp gets what he deserves when he arrives at
the Big House Im sure someone there needs a new girlfriend.
Its a tragic story; but this kid is responsible for the death of a police Officer. there isn any way the kid can bring back this officer. His use of drugs and alcohol have destroyed his life and killed a man doing his job.Drugs destroy so many lives. I cant help but wonder how many of those kids sitting in that courtroom in their blue blasers and button down collars have been doing cocaine and will continue doing it even after seeing what it got their friend.
I dont see this as a Capital case however.
I dont think this kid is a cold blooded killer who with malice and forethought murdered the officer. He was under the influence of drugs and alcohol and scared. He stepped in it allright, and he has to face justice,but he shouldnt be facing a death penalty.
thatr pic of him evokes JFn'K's pic testifying, the eyes, the hand in front of the face...
Can you at least wait until he's convicted?
When will these judges learn that it is not wise to deny James Bond.
But seriesly, why should we feel sorry for this kid? He dragged a cop down the road, and swerved his truck to kill him. He deserves severe punishment. Hopefully, it is just beginning.
Sounds like this is a "Child of Priviledge", and people are going to bend over backward to protect him, like he is some kind of Southern Kennedy.
Not surprising, since this is a conservative/libertarian forum. However, my sentiments pertained to the traditional punishment of prison rape. We should at least wait for a conviction on that one--it's really traumatic.
The facts in the case do not seem to be in dispute. Daniel Cummings was driving when he was legitimately stopped by a police officer. While fleeing the officers, he sped down the road while an officer was hanging onto his vehicle. He didn't slow down or stop. In fact, he swerved, apparently in order to knock the officer off, and killed him.
There are only two questions, as far as I can see. Was he under the influence of drugs or alcohol at the time? What was his intent when he swerved the vehicle? The question of inebriation is largely irrelevant, because intoxication is not and excuse. If he intended to knock the officer off by swerving, that would make the crime much more serious, because Cummings was taking a series of illegal steps that led to the officer's death.
But assuming he was drunk and just speeding away with an officer hanging on his car, leading to that officer's death, what do you think would be the appropriate outcome, Mr. Ramsbotham? Obviously the court or jury may come back with something different, but what is your opinion?
Prison rape is wrong, even for the convicted. It should be stamped out, absolutely, in every case. It is never, ever, justified. It is a mark of shame on our country that this is allowed to happen at all.
Germantown, is an upscale community, where most kids have never wanted for anything. Makes me sick, the support that this kid is getting. What about the policeman's family?
Hello Mariabush,
I would like to throw my opossum in the ring concerning this judge's denial of bond.
1. Justice Perceived is Justice Achieved.
2. The Perp is Sorry? Sorry He Got Caught.
3. He possessed a criminal mind (mens rea)
and (actus rea)
4. He had the (ability)truck
5. The (opportunity) (fleeing with officer attached.
6. He placed the officer's life in (jeopardy)with his
truck&overt actions which resulted in the officer
being killed.
***** The moral of this is, Sorry Doesn't Feed The
Bulldog.****
The good point is the Judge did his job and did not let emotion sway his prudent/justified decision.
In conclusion Maria, the perp over indulged and got his sorry self infinitely indulged.
That's my opossum's story and I am sticking to it.
*Maria, your post is right on the money and I agree whole-heartedly.*
Cordially,
NSNR
Most any family will stand behind their kids,and the kid seemeed to be liked in the community. However its time the other family's started questioning the group in their blue blasers about how much dope they are using and where they are getting it from. If my kid were sitting there in sypport you can bet I would be asking questions---and getting answers.
My heart goes out to the family of the dead police officer also, His family needs support and it would do these kids in the blue blasers some good to do something for that family. The whole thing now looks like somebody has to take on responsibility that they let lapse by being recreational drug users. One never knows when things start rolling downhill , this should be an object lesson to everyone in that community that drugs are not for recreation. Its time they got cracked on.
I still dont think this boy should be facing Capital punishment. He made a bad decision when his mind was in an altered state and he should pay for it,but not with his life.
Imagine showing concern for an ill-educated, redneck, jackbooted thug. After all this is FR we have many here who believe he got what he deserved.
(1) Life imprisonment.
(2) Death.
(3) Rape.
Choose one. Sentence him to it. Carry out the sentence.
I'm sorry. I misunderstood you initial comment, which you have pointed out was directed against the poster who suggested that Cummings should be raped in prison. I agree with you that prison rape is absolutely wrong and should be eradicated for our prison system, for both the unconvicted and convicted.
As for Life Imprisonment or Death, these might not be appropriate either, depending on the facts as determined at trial. For instance, if Cummings intentionally swerved to throw the officer from the car, it might be appropriate to charge him with the murder of a police officer. I don't know what penalty that brings in Mississippi, but I suspect it is severe.
But, I think we would agree, there has to be some fact-finding before we get to that point.
I've done nothing of the kind! (Not that there's anything wrong with that!)
Might be time for a new screen-name...
Surely it was in the line of duty...
There are some here who have no particular affection for policemen, but that doesn't mean they wish them harm like this. I don't know the facts of this case, but it is my experience that the state will often "over charge".
There are quite a few here who immediately attack the police whenever ANY incident occurs. If you have not encountered them you are lucky.
The Rehab Community calls this "Retreat into Health." It's a danger sign for recidivism.
Of course, I've come across those who automatically hate the cops - and I'm no big fan of cops myself. They all too often use their positions for various kinds of personal gain and I don't trust them in any way. Still, I don't wish them dead. Nor do I have any preconceived notion that the facts in this case would justify a death penalty case for this stupid kid.
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