Mitchell businessman Cory Cumings’ federal trial has been delayed to May 12 after he and federal prosecutors reached a potential verbal plea agreement that would dismiss the current charges and replace them with new ones.
Cumings faces federal charges for illegally possessing more than 100 firearms and ammunition following a December 2023 raid on his roofing business and home in Mitchell. The charges are tied to his prior felony record, including a December 2023 Aurora County conviction for possession of marijuana, a Class 5 felony. South Dakota law prohibits anyone with a Class 5 felony drug conviction from possessing firearms for at least five years after completing prison, probation, or parole. He pleaded not guilty to one count of possession of a firearm by a prohibited person. If convicted, he could face up to 15 years in prison, a $250,000 fine, up to three years of supervised release, and forfeiture of the firearms.
An earlier continuance was granted in November, moving the December trial to allow both sides to complete evidence exchanges and investigations. At the time, federal authorities were conducting a related investigation that could have led to additional charges, and the delay gave the parties time to potentially resolve all matters together.
Cumings has been in federal custody since Nov. 25, 2025, when a court revoked his pretrial release after finding he violated supervision conditions, including possessing firearms. The detention order cited the seriousness of the federal charges, his history of substance abuse, prior failures to comply with court orders, criminal activity while on probation or pretrial release, and involvement of a minor in a related state case. He is being held separately from other inmates where possible and allowed private access to his attorney.
In addition to the federal case, Cumings faces state charges stemming from an October incident during pheasant hunting opener in which he yelled at his 12-year-old son. The Aurora County indictment includes two counts of possession of a firearm by a person with a prior felony drug conviction and one count of child abuse. He pleaded not guilty to the state charges in November, with a jury trial scheduled for April.
The U.S. Attorney’s Office declined to comment on the specific charges expected to replace the current federal count.
