Mother, half brother indicted in death of North Collins woman

By Gene Warner and Jay Tokasz
NEWS STAFF REPORTERS

Updated: February 26, 2010, 11:28 pm /
Published: February 26, 2010, 8:40 pm

An Erie County grand jury has indicted the mother and half brother of a mentally disabled North Collins homicide victim on multiple charges, including accusations of a hate crime and predatory sexual assault.

The grand jury Friday indicted Eva M. Cummings and her son, Luke J. Wright, on a total of 15 charges in connection with the suffocation death of Laura Cummings, 23, on Jan. 21.

Eva Cummings, 51, faces a second-degree murder charge, while her son, 31, is charged with five sexual assault charges. And both are accused of using a broomstick to sexually attack the young woman, according to the indictment papers.

Mother and son also are accused of unlawfully imprisoning Laura Cummings in the family's North Collins apartment — because of her mental disability.

"It's a hate crime because it's motivated in whole or substantial part by the belief or perception regarding the victim's disability," District Attorney Frank A. Sedita III said in announcing the indictment.

If convicted on all counts, Eva Cummings could face a possible sentence of 83 years to life on five charges, while her son could face 133 years to life on 10, prosecutors said.

The charges, based on extensive investigation by four Erie County sheriff's detectives and statements from both suspects, paint an extremely troubling portrait of the alleged abuse against the young woman who talked with a speech impediment, had difficulty swallowing food and was said to have a mental capacity of a pre-teenage girl.

Both mother and son are charged with unlawful imprisonment and endangering the welfare of a mentally disabled person.

Here are some of the specific acts listed in the indictment handed up by the grand jury late Friday morning:

• Laura Cummings was repeatedly tied to a chair in her home, often all night, for the last two years.

• A hood often was put over her head while she was tied to the chair.

• She was forced to put her face in her own waste at times.

• She was beaten repeatedly, both manually and with a blunt instrument.

• And she was scalded with hot water at least twice, in early January and on the day she died.

"This is a case of unspeakable degradation," Sedita said. "These defendants allegedly assaulted this mentally disabled girl in every way imaginable."

Senior Trial Counsel Thomas M. Finnerty from the district attorney's office tried to put the pattern of abuse and assault in perspective, referring to his 17 years as a prosecutor.

"It's the worst case I've ever seen," he said. "It's sadistic, and it's allegedly sustained over a long period of time."

The indictment states that some of the abuse goes back to the mid-1990s. Erie County sheriff's detectives and investigators from the district attorney's office seemed particularly troubled by the increasing wave of abuse in recent months.

"Starting in November, there's a significant escalation of her debasement as a human being," Finnerty said. "It was happening on a daily or nightly basis."

That was especially true of the unlawful imprisonment of Laura Cummings, in the weeks preceding her death.

"She's restrained more often than she's not," Sheriff's Capt. Ronald L. Kenyon said.

Sedita and Kenyon both praised Sheriff's Detectives Gregory McCarthy, Dennis Fitzgibbon, Matthew Noecker and Jack Graham.

"The efforts of the Sheriff's Department were dogged," Sedita said. "They didn't stop. They interviewed basically the whole town of North Collins."

The indictment charges Eva Cummings with murder, predatory sexual assault, assault, endangering the welfare of a mentally disabled person and unlawful imprisonment. Her son was charged with predatory sexual assault, incest, endangering the welfare, unlawful imprisonment and two counts each of assault, rape and criminal sexual act.

Cummings and Wright are expected to be arraigned at 2 p.m. Monday before Erie County Court Judge Sheila A. DiTullio.

Sedita was asked to describe the life that Laura Cummings led.

"What's worse than a prison?" he asked. "The victim's life was hell on earth."

From: http://www.buffalonews.com/2010/02/26/970378/mother-half-brother-indicted-in.html