Juror excused as first day of trial against former Alexander officer begins

BENTON (KATV) -- The first day of testimony in the manslaughter trial against former Alexander police officer Nancy Cummings didn't come without some change in the jury.

Coming back from the lunch recess, both legal teams met with Judge Gary Arnold and a juror. Only minutes later that juror was let go and an alternate filled her place.

"Well, there was just an issue that came up with a juror, and out of an abundance of caution the court decided it was better to let that juror go and put the alternate on," said defense attorney Bill James about the dismissal.

James wouldn't inform us any further as to the exact reasoning. The alternate that is now seated on the jury, was the only alternate placed during jury selection.

The Nancy Cummings case has quieted down since September of 2012 when Cummings saw Carleton Wallace, 30, of Bryant walking down the street with a gun in his waistband.

During testimony Thursday, Cummings said in her statement following the shooting that Wallace pointed the gun in her direction, before finally tossing the gun in a wooded area.

After that she tried to make an arrest on Wallace with her gun still drawn, and the gun fired a shot killing Wallace.

In the prosecution's day to call witnesses it painted a picture of Cummings, who isn't a trained officer, as acting reckless during her arrest of Wallace, which resulted in his death.

It called several witnesses today, including Cummings' daughter, who was in the police car for a ride along when the shooting happened.

The prosecution rested Thursday and James said the defense will call multiple witnesses Friday for its testimony.

The Saline County Prosecutor's Office declined comment Thursday, citing an ongoing trial.

Channel Seven's Justin Lewis will have the latest from the courtroom Friday. You can follow him on Twitter (@JustinLewisKATV) and on his Face book fan page (Justin Lewis).