Mississippi judge declares mistrial in shooting attack on Black FedEx driver

A Mississippi judge declared a mistrial on Thursday in the case of two white men accused of shooting and chasing a black FedEx driver, citing police errors.

Gregory and his father Case Brandon have been charged with conspiracy, first-degree attempted murder, and shooting into the vehicle of D’Monterrio Gibson in January. This incident, which took place in Brookhaven, led to complaints of racism and resulted in gunfire and a chase. Fortunately, Gibson, who is 25 years old, was not injured.

David Judge Strong stated that Fernando Vincent Detective had previously not been given a videotaped police statement from Gibson, either by the defense attorneys or the prosecutors. This decision to declare a mistrial was made because of errors that occurred during an early session, while the jury was out of the courtroom and Fernando Vincent Detective acknowledged under oath.

Strong said he had no choice but to grant the mistrial, and the defense attorneys requested it. The judge also testified that the officer improperly found shell casings outside the defendant’s home and guns inside one of the men’s homes during the trial.

“In 17 years, I don’t believe I’ve witnessed it,” the judge remarked about the mistakes.

Gibson embraced a few followers, while Highway Patrol officers accompanied him and his mother to a secluded automobile, as they departed from the courthouse. After the judge’s announcement, Sharon McClendon, Gibson’s mother, unleashed a forceful expletive within the courtroom, and both her and her son chose not to engage in conversation with journalists.

Rayshun Bridges, standing outside the courthouse in Brookhaven, held a handwritten poster that read, “We want justice for D’Monterrio,” but he said he is unaware of the news coverage surrounding the case.

“That youthful individual, he was at his workplace attempting to fulfill his responsibilities,” Bridges stated.

Terrell Stubbs, the defense lawyer for Gregory Case, chose not to provide a comment. As the Cases, who are currently released on bond, sat calmly, the judge declared his ruling.

The trial is not expected to be completed before the end of the year, as the judge’s docket is full in December. After the court adjourned, Attorney Dee Bates, who works in the District Attorney’s office and disagrees with the judge’s decision, informed reporters that he will be leaving the office at the end of the year.

“Carlos Moore, the attorney representing Gibson in a civil lawsuit, stated that the mistrial is not only an administrative setback but also a hindrance to achieving justice for Mr. Gibson and his family.”

Moore declared that he has asked the Civil Rights Division of the U.S. Department of Justice to carry out a probe into the misconduct of the Brookhaven Police Department.

Moore expressed concern about the recorded statement, stating that it is troubling that the BPD did not disclose a possibly vital piece of evidence. They believe that this is not an isolated occurrence but rather part of a broader pattern of obstruction by the BPD.

Moore, who also called the Department of Justice, tried to stop Gibson because he was driving a rental van with a Florida license plate, and they wanted to know who was near a family home after dark. Defense attorneys who wanted to bring federal hate crime charges against Gibson also contacted Cases.

The jury informed Bates, who is the white majority, that Brandon Case approached him with a gun. Gregory Case then used a pickup truck to transport a package from the van to a house located at the dead end of a public road. After dropping off the package, he drove a Hertz van with the logo on all three sides while making FedEx deliveries on the evening of January 2022. This is how the encounter between the Cases and Gibson occurred.

As Gibson drove around the pickup truck, shots were fired in three rounds, hitting some packages inside the delivery van, Bates said.

Stubbs stated, “The driver failed to halt,” however, the senior Case was simply planning to inquire the van driver about the situation. According to Stubbs, his client noticed a van parked outside his mother-in-law’s vacant residence and proceeded to investigate the circumstances. He informed the jurors.

Testifying before Detective Fernando, it was stated that a white van, followed by a pickup truck, was captured on the security camera video of a truck stop, 14 minutes prior to Gregory Case contacting the police at 7:31 p.M.

The first elder called the police dispatcher and testified that he had reported seeing a suspicious vehicle near his residence, and that the van had nearly run him over. The court played the audio recording of the call, where Case mentioned that he believed the driver was involved in “something that was not commendable.”

Gibson contacted us shortly thereafter, informing us that someone had taken a shot at the van while he was delivering a package, the dispatcher conveyed.

Fernando additionally stated that phone records showed correspondence between the father and son’s cell phones on that evening prior to Gregory Case reaching out to the authorities.

Moore stated that Gibson is currently working for FedEx but is on leave due to workers’ compensation. The lawsuit was unsuccessful in showing that the company engaged in discriminatory behavior towards Gibson based on his race. The lawsuit was dismissed by a judge last week, in which Gibson sought $5 million from FedEx. Moore mentioned that he intends to initiate a fresh civil lawsuit in state court, which will also include the city of Brookhaven, the police chief, and the Cases as defendants.