The State Bureau of Investigation's inquiry into the September 28, 2008 shooting of a man by a Town of Cary police officer has concluded that the officer's action was not criminal, and the Wake County District Attorney's office will not be filing charges in the matter. An internal investigation also found the shooting to be justified.

Patrol Officer Joseph Kennedy, 31, has been with the Cary Police Department since April 23, 2007. In accordance with Town policy, he has returned to patrol after being on administrative duty since the incident.

"We appreciate the SBI's thorough investigation into these very sad circumstances and hope that our community finds some comfort in knowing that our officer's actions were appropriate," said Cary Police Chief Pat Bazemore. "Of course, our thoughts and prayers remain with Mr. Cummings and his family and friends as we all look forward to his full recovery."

On September 28, 2008, at 4:41 a.m., Cary Police received a call 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. Officers asked him to drop the weapon, and he refused, which resulted in Officer Kennedy’s firing one shot.