Ole Miss student charged with capital murder in the death of campus officer

Ole Miss sophomore, Dan Cummings, is charged with capital murder in the death of a campus police officer. We've learned prosecutor, Dan Creekmore, has decided not to seek the death penalty in this case.

An indictment returned by a Lafayette County Grand Jury, accuses Ole Miss sophomore Dan Cummings of taking off while a campus police officer was trying to stop him last month.

The indictment describes how Officer Robert Langley was ejected from Cummings' truck . Langley was dragged 200 yards, dying from head injuries.

Dan Cummings attorney, Steve Farese, says it started at 2 a.m. when Cummings left his fraternity house. He was stopped for speeding by another campus police officer.

Cummings' Attorney, Steve Farese, says that it is his understanding that Cummings had given his license to the female officer when the situation escalated.

Cummings, he says, was in the process of trying to decide what to do and just took off. Farese says that he cannot tell us all of the details of what actually occured.

It's not clear how Langley became involved in the stop. Farese said he did not know if the first officer radioed Langley.

It is also not clear how officer Langley was dragged and not clear why he could not get away when Cummings drove off.

Prosecutors say Cummings had cocaine, marijuana, and alcohol in his system when the incident happened.

Farese says there was a small amount of marijuana in Cummings' system.

Farese indicated that Cummings was not legally drunk.