A search warrant returned in the investigation of a Sept. 28 Cary police shooting identifies the officer who wounded a man carrying what appeared to be a semi-automatic handgun.

Cary police officer Joseph Kennedy fired one time and struck James Cummings in the abdomen after Cummings refused to drop the gun, according to a search warrant returned Tuesday by the State Bureau of Investigation. The gun that Cummings grabbed in the kitchen of the home at 202 Dundalk Way turned out to be a BB gun.

Cummings, 31, was listed in good condition this afternoon at WakeMed.

Cary police initially declined to release the name of the officer involved in the shooting, which prompted an investigation by the SBI. (An SBI investigation is standard procedure in police shootings.)

A former Marine, Cummings spent Sept. 27 at his brother's wedding before returning home. He left the wedding after he started acting oddly and began hitting himself in the chest, his father, Jim Cummings of Hubert, said the day of the incident.

Police were called to his home at 4:41 a.m. on Sept. 28 after getting a call that someone in the Dundalk Way house just north of Apex Community Park was having a mental health crisis.

According to the search warrant, a female caller identifying herself as Cummings' wife said that her husband was "going crazy. He keeps hitting himself saying he wants to die. He has been drinking since 8:00 p.m."

Two family friends were in the house trying to restrain Cummings, the search warrant said, and police were told when they arrived that Cummings would become agitated if he saw the officers.

The police officers who responded included members of the department's crisis intervention team, according to the warrant. As the officers tried to talk with Cummings, his family and friends, the warrant said Cummings ran into the kitchen and grabbed what appeared to be a gun.

The police challenged Cummings to drop the weapon, the warrant said, but he did not comply. Cummings was transported to WakeMed after Officer Kennedy shot him, the warrant said.

Among the items later seized during a search of the home were a black Marksman repeater BB bun with 10 silver BBs and one .45-caliber shell casing.

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