By IVY BROWN and TIFFANY SMITH
LINCOLN COUNTY, Miss. (Court TV) — A Mississippi judge declared a mistrial in the case of a father and son accused of shooting at a FedEx driver.
Judge David Strong, Jr. issued his ruling Thursday morning, the day after after the defense asked for a mistrial because police and prosecutors failed to turn over all their evidence. The issue was brought to attention during the testimony of Detective Vincent Fernando.
Gregory Case and Brandon Case are accused of firing shots at D’Monterrio Gibson on Jan. 24, 2022 in Brookhaven. They’re charged with attempted murder, conspiracy to commit first-degree murder and shooting into a motor vehicle, according to an indictment obtained by Court TV.
Gibson, who was in uniform, was delivering packages in a rental truck when Gregory allegedly blocked his path with his pickup truck, reports The AP. When Gibson dodged around him, he allegedly encountered Brandon pointing a firearm at him. The father and son then allegedly chased Gibson and fired shots at the truck, reports The Daily Leader.
The defendants surrendered to police on Feb. 1, and later bonded out. At the time, Gregory was charged with conspiracy and Brandon was charged with shooting into a motor vehicle, reports the AP.
Months later in Nov., they were indicted by a grand jury on additional charges and released again on $500,000 bonds.
In Jan. 2023, Gibson filed a lawsuit against the defendants, the City of Brookhaven, FedEx and police Chief Kenny Collins. Gibson claimed the city and police “deliberately delayed” the investigation and case. He also accused FedEx of sending him on the same delivery route the day after the incident.
Following the mistrial, attorney Carlos Moore, who represents Gibson, gave the following statement to Court TV:
As the attorney representing D’Monterrio Gibson, I share the deep disappointment and frustration expressed by Circuit Judge David Strong over this development. A mistrial represents not just an administrative setback but also a delay in justice for Mr. Gibson and his family.
It is concerning that BPD withheld a potentially crucial piece of evidence, and I concur with District Attorney Dee Bates, the withheld evidence necessitated a mistrial. We believe that this is not an isolated incident but a part of a larger pattern of obstruction by the BPD.
In light of these circumstances, I have recently communicated with one of the leaders of the Department of Justice Civil Rights Division. The DOJ is actively monitoring the developments in this state prosecution as it deliberates on whether there will be a federal hate crime prosecution against the Cases.
I have also requested the DOJ to investigate the Brookhaven Police Department’s conduct in this matter for potential obstruction of justice. It is paramount that every law enforcement agency upholds the highest standards of integrity and transparency, especially when the pursuit of justice for a victim is at stake.
We remain committed to seeking justice for D’Monterrio Gibson and ensuring that the legal process is fair, transparent, and accountable. We are hopeful that the Department of Justice’s involvement will help shed light on this serious matter and ensure that justice is served.
DAILY TRIAL HIGHLIGHTS
DAY 3 – 8/17/23
- The judge declares a mistrial after it’s revealed that police and prosecutors didn’t turn over all their evidence.
DAY 2 – 8/16/23
- Brookhaven Police Department failed to turn over all evidence in the case to the prosecutor’s office, including the police interrogation video. In July 2023, a Lincoln County Grand Jury returned a 28 true bill indictment that “the police department poorly investigate their cases, the staff gave conflicting statements to the Grand Jury, did not investigate in a timely manner, the department has a habit of witness blaming, lack of training and education, and individuals are arrested without sufficient probable cause.
- Jurors heard the 911 calls from Gregory Case and D’Monterrio Gibson.
- Gibson delivered a package to 420 Jr. Trail, Brandon’s grandmother’s house. The package should have been delivered to 417 Jr. Trail, Gregory and Sharon Case’s home.
- Gregory Case called 911 40 minutes after encountering D’Monterrio Gibson, stating a suspicious person was near his home. Gibson called 911 around the same time as Case.
- Brandon Case’s attorney, Dan Kitchens, asked for a mistrial after Detective Fernando disclosed inadmissible information during the trial. Fernando mentioned old shell casings near Brandon’s trailer and long guns he found on the property.
- The gun used in the alleged crime has never been located.
DAY 1 – 8/15/23
- Attorneys made brief opening arguments.
- District Attorney Dee Bates delivered the prosecution’s opening statement and said that Gregory Case used a truck to block the victim from leaving while Brandon came outside with a gun.
- Gregory Case’s attorney, Terrell Stubbs, said that his client went to investigate a van sitting outside an unoccupied home, but the van’s driver did not stop.
- Attorneys for Brandon Case did not give opening statements.
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