125 firearms, including machine gun, seized during Mitchell Roofing raid, court documents say

Sam Fosness And Marcus Traxler, The Daily Republic, Mitchell, S.D.
·4 min read
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Jun. 12—MITCHELL — Recently released federal court documents have shed light on a December 2023 raid at a Mitchell roofing business, as authorities seized more than 100 firearms and 10,000-plus rounds of ammunition.

In a federal court filing dated May 31, the U.S. Attorney's office for South Dakota has issued a complaint for forfeiture regarding the seized guns and ammunition that authorities confiscated from Cory Cumings, 44, who is also facing state level felony drug possession charges.

U.S. Attorney Allison Ramsdell and Assistant U.S. Attorney Stephanie Bengford issued a complaint requesting that the federal court issue a warrant and summons for the arrest and seizure of the defendant property and that the defendant's property be forfeited and condemned to the U.S. government.

According to court documents, the December 2023 raid on Cumings' Mitchell business and Mount Vernon residence resulted in the seizure of 125 firearms, eight silencers and 10,238 rounds of ammunition. The Bureau of Alcohol, Tobacco and Firearms (ATF) executed the search warrant that authorized the raid of Cumings' business and home. The property listed in the court filing is in the custody of the ATF in Sioux Falls.

A civil forfeiture sheet filed in federal court outlines the scores of weapons, silencers and ammunition items that were seized in December. At least 40 weapons were listed as shotguns, along with pistols, revolvers and rifles, and at least one machine gun.

A warrant of arrest in rem was entered in the court record on June 3. The warrant is used in a case when the government is already in possession of the items and the U.S. Attorney's office will allege facts in a complaint to support a reasonable belief that the government will be able to meet its burden of proof at trial.

On Wednesday, June 12, acting on a tip, the Mitchell Republic observed plain-clothed law enforcement authorities at Cumings' Mitchell Roofing business again, removing weapons from the building at 1000 S. Main St.

During the December raid, 84 of the 147 items listed in the civil forfeiture were taken from the Mitchell Roofing business. The remaining 63 items were seized from his rural Mount Vernon home.

Federal code authorizes the seizure and forfeiture for any firearm or ammunition involved in or used in a knowing violation of federal law for "any person ... who is an unlawful user of or addicted to any controlled substance," according to the code. "It is unlawful for a user to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce." It also pertains to individuals who are "subject to a court order restraining the person from harassing, stalking, or threatening an intimate partner or child of the intimate partner."

Immediately after the Dec. 21, 2023, police raid of Mitchell Roofing and Siding and Cumings' Aurora County residence, Cumings 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. He was also charged with a pair of misdemeanors, including one count of stalking and permitting threatening or harassing phone calls. Those charges stem from Aurora County and were filed in state criminal court.

Authorities found approximately 3 ounces of marijuana wax and a scale with residue that tested positive for methamphetamine, according to the affidavit filed in Aurora County.

The misdemeanor charges against Cumings 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.

An agent with the South Dakota Department of Criminal Investigation assisted ATF agents in the search of Cumings' Aurora County residence and Mitchell roofing business, the affidavit said.

Cumings has pleaded not guilty to all of the charges that resulted from the raid. He is scheduled to appear in court on July 11 for a status hearing in connection to the drug possession charges and misdemeanor offenses.