Hearing set for Jackson man accused in Cape Girardeau gas station argument

The Jackson man accused of grabbing a gun from his car while in an argument with a woman will be back in court in March, a judge decided Tuesday.

James H. "Junior" Swift, 38, is charged with unlawful use of a weapon after he allegedly reached into his car and tucked a gun in his waistband during an argument over gas pumps with Patricia Cox at Kidd's on Broadway on Nov. 30.

Swift pleaded not guilty Dec. 5 and was in court Tuesday for a hearing. Judge Scott Thomsen set Swift's pretrial conference for March 27.

After the incident, Swift told police that he was blocked in his spot by another car in front of him. He couldn't move until that driver finished paying for his fuel, according to the probable-cause statement.

But Swift said that Cox, who told police she was running out of gas, then got out of her car, cursed Swift and spat on him three times, the statement says.

That's when Swift, who has a license to carry a concealed weapon, went to his car, grabbed his gun and tucked it into his belt under his shirt, the statement says. Cox then allegedly contacted several family members to come to the gas station, one witness said. She also called the police.

Cox denies spitting on Swift and maintains that he acted in a threatening manner with his firearm.

"There's no indication he ever displayed his weapon in a threatening manner," said Allen Moss, who represents Moss and Stilwell, the law firm that employs Swift's attorney, Shanna Surratt. "We don't understand why charges were filed."

Pertinent address:

101 Court St., Cape Girardeau, MO

1325 Broadway, Cape Girardeau, MO