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Mitchell Roofing and Siding owner had three DUI charges months prior to raid

In World
January 13, 2024

Jan. 12—MITCHELL — Three weeks following a raid at his Mitchell business and Aurora County home, Cory Cumings is facing three felony drug charges and nine misdemeanor offenses.

In addition to the charges that resulted from a federal search warrant executed on Dec. 21 at his roofing business and home, court records show Cumings, 44, has four criminal cases pending in Davison and Aurora counties.

Although the search warrants were executed by the Bureau of Alcohol, Tobacco and Firearms (ATF), a federal law enforcement agency, Cumings has not been charged with any federal crimes as of Friday. However, he’s facing up to 15 years in prison for the felony charges from the Dec. 21 raid, along with up to nine years in jail for the misdemeanor charges.

Spanning from September to late October, Cumings has been arrested for three charges for driving under the influence (DUI).

The first alleged DUI Cumings was charged with occurred in early September. According to an arrest affidavit, Cumings was also charged with resisting officers and possessing an open alcohol container in the vehicle he was operating. The September DUI arrest in Davison County resulted in three misdemeanor charges against Cumings.

On Oct. 11, Cumings was cited for a second-offense DUI, which is a Class 1 misdemeanor.

On Oct. 30, Cumings was charged with another DUI in Davison County. According to an arrest affidavit, Cumings was allegedly in possession of a loaded firearm when he was cited for the second-offense DUI charge. He was charged with two Class 1 misdemeanors stemming from the Oct. 30 arrest in Davison County.

While three DUI convictions within a span of 10 years equates to a Class 6 felony, Cumings has yet to enter a plea for the first two DUI charges he was cited for in September and early October. For a third DUI within 10 years to become a felony, a defendant must have two DUI convictions they pleaded guilty to prior to pleading guilty to a third DUI.

Cumings has pleaded not guilty to the three DUI charges and the additional misdemeanor offenses he was charged with stemming from the recent DUI arrests.

Cumings is scheduled to appear in court on March 28 for status hearings in connection to the three DUI cases.

On Dec. 21, Cumings was arrested for three felony drug charges and two misdemeanor offenses after multiple law enforcement agencies executed a search warrant at Cumings’ business, Mitchell Roofing and Siding, and his home in Aurora County.

Following the raid, he was charged with possession of a controlled substance (methamphetamine), a Class 5 felony that carries a maximum sentence of five years in prison and a $10,000 fine; possession of marijuana wax, a Class 5 felony; and keeping place for use or sale of a controlled substance, a Class 5 felony. Cumings was also charged with a pair of misdemeanor charges, including one count of stalking and permitting threatening or harassing phone calls, which are each Class 1 misdemeanors. Those charges stem from Aurora County and were filed in state criminal court.

The felony drug possession charges and handful of misdemeanor offenses Cumings is facing are state-level crimes being prosecuted in Davison and Aurora counties.

A spokesperson for the Bureau of Alcohol, Tobacco and Firearms told the Mitchell Republic on the night of the raid that the ATF was executing the federal search warrant with other agencies assisting.

The misdemeanor charges that were tied to the search of his home and business stem from a phone call between Cumings and a female victim. An affidavit alleges Cumings threatened to “hire a hitman” to kill the woman. The victim recorded the alleged phone call and reported it to authorities, according to court documents.

Cumings posted a $15,000 cash bond on Dec. 22, allowing his release from the Davison County jail.

On Jan. 2, Cumings was charged for allegedly violating the no-contact order that’s in place. As part of the bond conditions, Cumings was prohibited to contact the victim involved in the alleged threatening phone call.

Spanning over the past two decades, Cumings’ criminal record includes a handful of misdemeanor offenses, including a DUI and marijuana possession charges. He had no felony charges prior to his Dec. 21 arrest.

A Feb. 14 arraignment hearing is scheduled for Cumings’ latest felony drug charges stemming from the raid of his business and residence.

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