With one witness dead and another ill, double-murder trial delayed

The trial of the man charged in the fatal shooting of Karl Tuxford and fatal stabbing of Jordan Finlon has been delayed to November.

The delay comes three months after a key witness in the case died, and now according to court records, another witness in the case is suffering from a life-threatening illness.

Dwayne Cummings, 40, is charged with two counts of first-degree murder, armed kidnapping and possession of a firearm by a convicted felon. If convicted of first-degree murder, Cummings automatically would be sentenced to life in prison because the state has not indicated it will seek the death penalty.

According to detectives, Cummings had a hit out for Tuxford, 38, and Finlon, 23, in retaliation for robbing him.

Just before 1 p.m. Jan. 19, Bradenton police found Tuxford dead in his Jeep when they were called to the 1100 block of Eighth Avenue East to reports of a shooting. Less than an hour later, the Manatee County Sheriff’s Office was called to Bishop Harbor Road in northern Manatee County after motorists spotted a body along the side of road, later identified to be that of Finlon.

On Thursday morning, Cummings’ case was delayed at the request of the state and defense. Previously set to stand trial in September, Cummings will now stand trial during the two-week trial period that begins Nov. 13.

According to an agreement filed in court earlier this month, both attorneys have stipulated to allow for a witness — suffering from a life-threatening illness — to testify at a deposition before Aug. 31. The prosecution will also be allowed to question the witness in a discovery deposition prior to that, the document states.

In May, the state lost a key witness in the case, Fredrick “Freddie” Douglas, 44, who died of natural causes, according to an autopsy report. Douglas had initially been wanted as a suspect in the case, but following his arrest on unrelated charges, he was questioned and not charged.

Douglas had given an emotional account of the gruesome murders in which Tuxford was shot five times and Finlon stabbed 40 to 44 times, according to detectives.

Also charged in the case, Ahmad Leon Dunbar, 39, is still facing a second-degree murder with a firearm charge in Tuxford’s death, but he has not been charged in Finlon’s death. His trial was delayed earlier this year, and he is now set to stand trial during the same two-week trial period that begins Nov. 13.

This story was originally published August 24, 2017 at 7:43 PM with the headline "With one witness dead and another ill, double-murder trial delayed."