TO BE HEARD NOV 28
Defense Wants Confessions Kept Out Of Cummings Murder Trial
BY ERIC CARLSON
A Nov. 28 trial was scheduled last week for the
Robeson County man accused of shooting an Ash coun
try store owner to death during an alleged cocaine-hunt
ing murder spree that left two elderly robbery victims
dead in two counties.
Daniel Cummings Jr., 39, of Red Springs could get
the death penalty if he is found guilty in the killing of
Burns Everette Babson, 74, who was shot to death dur
ing a robbery at his Bamboo Corner Ash Beverage store
on Whiteville Road last April 22.
At his upcoming trial in Bolivia, Cummings will
face charges of first-degree murder, robbery with a dan
gerous weapon and assault with a deadly weapon with
intent to kill inflicting serious injury
Cummings has also been charged with murder in the
beating death of a Red Springs woman who was killed
in her home by an intruder two days before Babson was
murdered. He is also a suspect in the fatal beating of an
81 -year-old Robeson County man murdered two years
earlier.
Authorities say Cummings confessed to all three
killings in statements made after his April 23 arrest in
Sampson County.
In the opening round of their defense last week,
Cummings' court appointed attorneys Michael Ramos
and William Fairley asked Judge Gregory Weeks to keep
those incriminating statements out of evidence during
the trial.
Their motion made Tuesday (Oct. 25) claims that
Cummings "was suffering from withdrawal from ap
proximately one week's constant use of cocaine" and
that his mental state during questioning made him un
able to understand his Constitutional rights.
The statements made by the defendant between
April 24 and 28 support the claim that Cummings was
either smoking crack cocaine or looking for ways to
steal money to buy more drugs during the time when the
two murders occurred. But they also place him at the
scenes of both killings.
In a "series of three conversations with Brunswick
County Sheriff's Detective Tom Hunter and two SBI
agents, Cummings gave increasingly more incriminating
descriptions of the events before and after Babson's
killing.
Cummings' first statement claims that on Wednes
day afternoon, April 20, he was picked up under a
bridge near Lumberton by a black man named "Joe,"
who was driving a white Ford van. He said the two of
them drove around for the next two days smoking crack
and looking for places to steal money.
On Friday afternoon, after "smoking crack the whole
time," Cummings said he and "Joe" were on their way
to Wilmington when they passed through Ash.
"We stopped at several stores and I went in to scope
them to rob," the statement said. When they got to
Babson's store, Cummings said, "I went in and asked
the old man for some water."
Cummings said he got a drink outside and left in the
van with "Joe." About a half hour later, they went back
"to rob the store," the first statement said. While outside,
Cummings claimed he heard four gunshots.
"I ran back inside the store and saw the old man lay
ing behind the counter," Cummings said. "I did not see
Joe inside the store." But when he went outside,
Cummings claimed he saw a lady running away. "Joe
was on his knees at the comer of the store and he was
shooting at this lady."
Investigators have said that witnesses interviewed
after the murder saw a man in a white Ford van getting a
drink outside Babson's store shortly before the killing.
They did not mention seeing a black man with him.
Babson's wife Jewell had just walked into the cou
ple's home next door when she the heard gunshots. As
she went to investigate, a man fired a pistol at her. Mrs.
Babson told police she ran away and returned a short
time later to find her husband lying on the floor behind
the counter with his head resting in the chair. He had
been shot at least three times.
Two days after his first interview with Hunter,
Cummings allegedly told the detective a different story.
This time there was no "Joe." This time Cummings said
he stole a white van from Shannon, N.C., and "rode
around and smoked crack cocaine for the next day or
two."
Cummings said he was "scoping" stores to rob and
"stopped at this one store and saw this old man running
the store alone. This store looked easy to rob." He said
he left and came back about 30 minutes later and went
back inside and "told the old man. 'G ve me your mon
ey,"* according to the statement.
The old man went toward the cash register and
"came back with a gun and shot at me," Cummin gs al
legedly told Hunter. "We struggled over the gun. I be
lieve 1 heard or counted about four shots that went off
inside the store. I took the old man's waiiei. I goi ihe
money out of the cash register and left the old man lying
face down in the chair."
In the second statement, Cummings allegedly admit
ted firing the pistol as he left the store "to scare the lady.
I did not aim the gun. I shot until the weapon was emp
ty"
Cummings* third statement to Hunter gave much the
same account. Again there was no "Joe." But this time
there was no mention of "the old man" firing a shot at
Cummings before they struggled over the gun.
Another of Cummings' statements to an SB1 agent,
included in court records, gives an account of him hang
ing out in the Red Springs area with several other crack
users and looking for places to steal money for more
drugs. In this statement, Cummings admits breaking into
a home and struggling with an old woman before leav
ing with her pocketbook.
"She was behind the door, peeping around, looking
out the storm door to the outside," Cummings allegedly
told the SB1 agent on April 26. "She must have heard
something. I said give me your money. The lady said,
'Please don't hurt me. Don't hurt me. Don't hurt me.'"
In the statement, Cummings made no mention of
harming the woman and claimed he left her lying on the
bed.
Cummings also has been charged with murder in the
killing of Lena Hales, 80, of Red Springs, who was se
verely beaten in her home during an apparent robbery
three days before Babson's murder. She died the next
day at Duke University Medical Center.
The effort to suppress Cummings' pre-trial state
ments was one of several motions made by defense at
torneys in the case last week. Judge Weeks did not rule
on those motions, but he did agree to appropriate money
to hire an independent ballistics expert to testify for the
defense at the trial.
In other Superior Court action last week:
? Jeffrey Allen Hicks, 24, of Oscar Long subdivi
sion, Leland, was sentenced to IS years in prison after
pleading guilty to eight counts of felonious possession
of stolen goods and tow counts each of felonious break
ing or entering and larceny. He was ordered to pay S250
for his court appointed lawyer.
? Ronnie Mitchel Sarvis, 42, of Creekview Lane,
Leland, was sentenced to six months in jail (with credit
for 29 days served awaiting trial) after he pleaded guilty
to two counts of taking indecent liberties and one chargc
each of possession with the intent to seil and deliver
marijuana, manufacturing marijuana and possession of
drug paraphernalia. He was also given a 10 prison sen
tence, suspended on the condition that he pay court costs
and $250 for his court-appointed lawyer.
? Jerry Carl Harden, S3, of Shallotte was sentenced
to 10 days in Brunswick County Jail after pleading
guilty to driving while impaired. A one-year prison sen
tence was suspended on the condition that he pay a fine
of $200 and court costs and not operate a motor vehicle
until licensed to do so. He was put on unsupervised pro
bation for two years.
? In a trial spanning two days, a jury found Joseph
A. Tombro, 56, of Newport Street, Ocean Isle Beach,
guilty of driving while impaired by alcohol. He was giv
en a 60-day suspended jail sentence and was put on un
supervised probation for two years.
? William J. Sisk Jr., 20, of NE 55th Street, Long
Beach, pleaded no contest to a charge of possessing less
than a half-ounce of marijuana. He had been charged
with manufacturing marijuana. The judge issued a
prayer for judgment continued on payment of court
costs.
? James Ellis Daniels, 20, of Ash-Little River Road,
Ash, pleaded guilty to two charges of larceny and one
count of breaking or entering. He was charged with lar
ceny and second-degree burglary. The judge sentenced
Daniels to six years, suspended on payment of $862
restitution, $250 attorney fees and court costs. He was
put on supervised probation for five years.
? In a sentencing hearing on an earlier conviction
for possession with intent to manufacture, sell or deliver
cocaine, Arnold Mercer, 40, of Route 2, Supply, was
sentenced to three years in prison, suspended on pay
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mcnt of court costs. He was put on unsupervised proba
tion for three years.
? Sonja Smith of Route 2, Bolivia, pleaded no con
test to one count of simple assault. She had been charged
with misdemeanor assault with a deadly weapon. Smith
was sentenced to 30 days, suspeno.d on payment of
restitution and court co?t* She was nut on unsu
pervised probation for a year.
? Attorney Roy Trest entered guilty pleas on behalf
of Jason Pelfree and Charles Earnest Pelfree of Park
Avenue Southport, who did not appear in court to an
swer charges of simple assault. Each defendant was sen
tenced to 30 days in jail, suspended on payment of court
costs. They were put on unsupervised probation for one
year.
? Marvin Ray Floyd, 40, of Sheila Drive, Long
Beach pleaded guilty to a charge of possessing less than
a half-ounce of marijuana. He was charged with manu
facturing marijuana. Floyd was sentenced to 30 days in
jail, suspended on the condition that he pay court costs
and $150 attorney fees.
? Ronnie Harold Jones Jr., 22, of Blakes Circle,
Leland, pleaded guilty to one county each of felonious
burning of a building, breaking or entering and larceny.
He was sentenced to six years in prison, suspended on
payment of $2,000 restitution, $250 attorney fees and
court cosls. He was put on supervised probation for five
years.
? Andrew Duane Trump, 28, of Piney Grove Road,
Dclco, pleaded guilty to one charge each of breaking or
entering and larceny. He had been charged with second
degree burglary. Trump was sentenced to three years,
suspended on payment of $450 attorney fees, $200 resti
tution and court costs. He was put on supervised proba
tion for two years.
? Bruce Lee Williams, 38, of Town Creek Road,
Leland, pleaded guilty to one count each of driving
while his license was revoked, driving while impaired,
simple assault and second-degree trespass. Sentencing
was continued.
? Walter Washington of North Lord Street,
Southport, admitted violating the terms of his probation
and had it revoked. He was ordered to serve a two-year
prison sentence in his 1992 conviction for possession
with the intent to sell and deliver cocaine. He was rec
ommended for the prison's Drug and Alcohol
Rehabilitation Training (DART) program.
? Ronald Lashley, 39, of Baldwin Estates, Leland,
admitted violating the terms of his probation and was al
lowed to remain on probation on the condition that he
complete any drug treatment or counseling recommend
ed by this probation officer. He was ordered to pay $150
in attorney fees.
BETH
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