SBI says officer lawfully shot man

CARY -- The State Bureau of Investigation has determined that a Cary police officer was justified when he shot and wounded a man Sept. 28, and the officer will not face charges, the town announced today.

Patrol Officer Joseph Kennedy, 31, has been with Cary police since April 23, 2007. He has returned to patrol after being on administrative duty since the incident, according to a press release from Cary. On the night of the incident, Cary police received a call about 4:40 a.m. that James Cummings of Dundalk Way was having a mental health crisis.

When officers arrived at the residence and tried to talk with Cummings, he went into the kitchen and grabbed what appeared to be a black-colored semi-automatic handgun. The gun turned out to be a BB gun, the SBI said.

Officers asked him to drop the weapon, and he refused. Kennedy firing at Cummings, striking him in the abdomen.