UPDATED: Prosecutors ask police to further investigate Kidd's gun incident

James. H. "Junior" Swift (Source: Cape Girardeau PD)
James. H. "Junior" Swift (Source: Cape Girardeau PD)

CAPE GIRARDEAU COUNTY, MO (KFVS) - Prosecutors have asked police to further investigate an incident where a Cape Girardeau County man showed a gun Wednesday evening outside of a convenience store.

The incident happened around 7 p.m. Wednesday, November 30 at Kidd's Convenience Store on Broadway.

James. H. "Junior" Swift, 38, of Jackson was arrested and charged with unlawful use of a weapon.

He was taken to the Cape Girardeau County Jail on a $7,500 bond.

Prosecutors have asked the Cape Girardeau Police Department to investigate the case further, according to Morley Swingle, Cape Girardeau County Prosecutor.

Officers say Swift was pumping gas and got into an argument with a female driver of another vehicle who was waiting to use the pumps.

According to the police probable cause statement, a witness that was talking to Swift at the station told officers that Patricia Cox "began to yell and curse at Swift telling him to move his (expletive) car so she could get gas." The witness said Swift told her that he couldn't move his "(expletive) car" because he was blocked in.

The witness then told police that Cox "got out of her vehicle, continued to cuss at Swift and then spit on him." That's when the witness said Swift "returned to his vehicle and obtained his gun, which he put into his belt under his shirt."

The witness told officers that he wanted to "stress that Swift did not threaten anyone with the gun, or tell the driver that he had a gun." The witness added that Cox then "contacted police and several family members to come to the gas station."

According to the probable cause, Patricia Cox told police that she had prepaid for the gas and that she was "running low" while Swift was "talking to (a man) for a long time."

She asked Swift if he could move his car because she was low on gas. Cox told officers Swift "began cursing at her and she cursed back until he went to the driver's side and retried a black gun." Cox says "Swift began cursing at her again and she told him that she was going to call 911." Cox told police that's when Swift responded "I don't give a (expletive)." A witness with Cox told police when Cox wanted to get gas, that Swift told her to "go around," and that Cox "never threatened Swift or got past the door of her car."

According to the probable cause, Swift told police that he had tried to move his car but told Cox that she had him blocked in. He told police that Cox answered, "what did you say to me little white boy?" Swift said Cox "proceeded to call him a punk and spit at him three times." Swift told police the only reason he got his gun was because Cox "charged at him" and "was threatening him."

Swift then told police that at some point Cox told a witness in her car to contact "her boys" so they could "fix this little white boy." Swift said Cox realized he had got his gun and began yelling "he got a gun, I'm calling 911." He told police Cox told the person in her car to call "her boys" one more time while he waited in the car "with his arms crossed."

According to the probable cause statement, police took a black Glock 27 .40 caliber pistol from Swift with a loaded magazine containing 8 rounds. Police say the gun was taken for evidence.

Police said on Wednesday they do not believe he pointed the gun at the woman.

Officers say Swift has a valid concealed carry permit.

Police will make a decision on "whether or not to alter the charges hopefully by the end of the week," according to Swingle.

Again, the issue is not whether or not he was allowed to carry the gun, it's whether or not he displayed it in a threatening manner.

As to whether or not the woman involved could be facing any charges, Swingle says "no comment."

Heartland News spoke Sunday with James "Junior" Swift, who says he would possibly have a statement after he consults with his lawyer on Monday.

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