Man involved in Cape gas station argument pleads not guilty to weapons charge

The Jackson man who allegedly grabbed a gun during a verbal altercation at a gas station last week pleaded not guilty Monday, although officials are still unsure whether the charge will stick.

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

Swift declined to comment after his arraignment.

According to a witness account in a police probable-cause statement, Swift was talking with a friend near Swift's car that night when the driver of another vehicle, identified in police reports as Patricia Cox, began cursing Swift for failing to move his car so she could get gas.

In the probable-cause statement, Swift maintains 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 statement.

But 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.

Samuel Francis, Swift's friend who was present at the scene, said Cox, who is black, yelled racial slurs at Swift, who is white.

Cox said that any hint of racial overtones in the argument is unfounded and that most of her family is white.

"I'm not racist," Cox said, adding that she never left her spot behind her vehicle's door.

Because the two were engaged in an argument, Cox said, the fact Swift retrieved his weapon made his use of the gun threatening.

That's what Cape Girardeau County Prosecuting Attorney Morley Swingle is trying to determine. Although Swift pleaded not guilty Monday, Swingle said he is still working with police to get more information for the charge. The information should be available within a week, Swingle said.

Cox said she is perplexed as to why there is any debate over the charge and that she will do whatever it takes to see that Swift is prosecuted.

"I'm not going to let this go," she said. "No way."

Swift will appear in court again Dec. 29.

psullivan@semissourian.com

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Pertinent address:

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