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Freed, he now wants probation ended early

His lawyer is challenging a probation term imposed by Circuit Judge Ric Howard.

By JOHN FRANK
Published October 12, 2006

INVERNESS - The story of Daniel Cummings is not complete.

The 22-year-old Inglis man has received national attention for his second chance after getting into trouble with the law at age 19. But he wants one more thing: complete freedom.

In a motion filed Oct. 5, Cummings' attorney, Loren Rhoton, requests early termination of his client's court-ordered 10-year probation term.

At first the punishment was much harsher. Circuit Judge Ric Howard sentenced Cummings to 10 years in prison in April 2004 for breaking into a friend's home, stealing a rifle and then swapping it for 3 grams of cocaine.

Nearly a year later, Howard reduced the sentence to 10 years' probation after the defendant's father, Danny Cummings, scoured the criminal drug world to recover the stolen gun and return it to the owner.

The tear-jerking story of a father's dedication to his son and a young man's new chance at life garnered attention from the St. Petersburg Times, ABC's Good Morning America, the Montel Williams Show and People magazine.

Now Daniel Cummings wants to tell more about how he turned around his life to become an upstanding citizen.

Cummings said in an interview Wednesday that he started his own lawn service business, speaks to youthful offenders and is well ahead in probation payments. The Inglis mayor and police chief even support his release from the court-ordered supervision, he added.

"Everything's going great for me," Cummings said.

His attorney is challenging one of the many probation terms imposed by Howard during the Feb. 16 hearing where his sentence was amended. Howard explicitly said Cummings wasn't allowed to end his probation term early.

"My son still remembers Howard saying that he will serve every day of the sentence" on probation, said the elder Cummings.

Citing other cases, Rhoton argued in court papers that Howard doesn't have the authority to impose when probation ends. He says it's the power of the Department of Corrections, the state agency that oversees probationers.

Cummings isn't optimistic the judge will agree, but still wants to tell how he's turned his life around.

His father, always the advocate, still holds out hope Howard will heed their request.

"Ever since that day," the elder Cummings said, "he's quit the coke and done everything he could possibly do to make things right."

John Frank can be reached at jfrank@sptimes.com or 860-7312.

[Last modified October 11, 2006, 20:28:24]