A mistrial was declared in the case of two white men accused of chasing and shooting at a Black FedEx driver in Brookhaven, Mississippi. The judge made this decision due to errors made by a detective from the Brookhaven Police Department. Brandon Case and his father, Gregory Case, were charged with attempted first-degree murder, conspiracy, and shooting into the vehicle driven by D’Monterrio Gibson. The incident, which occurred in January 2022, sparked allegations of racism on social media. During the trial, the detective admitted to not previously providing the prosecutors or defense attorneys with a videotaped statement from Gibson. Additionally, he improperly testified about firearms found in one of the defendants’ homes and shell casings found outside. The defense attorneys requested a mistrial, which the judge granted.
Sharon McClendon, Gibson’s mother, expressed her frustration in the courtroom upon hearing the judge’s decision. Both she and her son declined to speak to reporters as they left the courthouse. Supporters hugged Gibson as Highway Patrol officers escorted them to a private vehicle. A local resident named Rayshun Bridges stood outside the courthouse with a sign demanding justice for D’Monterrio. He had been following news coverage of the case and empathized with Gibson, stating that he was simply trying to do his job.
The Cases, who are currently out on bond, remained composed during the judge’s announcement. The defense attorney for Gregory Case declined to comment. District Attorney Dee Bates, who will be leaving office at the end of the year, expressed disagreement with the judge’s decision. Due to the judge’s busy schedule, the new trial is not expected to take place until the end of the year. Meanwhile, Carlos Moore, Gibson’s civil attorney, called for an investigation into the Brookhaven Police Department for possible misconduct. Moore also urged the U.S. Department of Justice’s Civil Rights Division to consider federal hate crime charges against the Cases.
The encounter between Gibson and the Cases occurred while Gibson was delivering packages for FedEx. After dropping off a package at a home, Gregory Case tried to block the van from leaving using his pickup truck. Brandon Case then fired shots at the delivery van, hitting it and some of the packages inside. The defense argued that Gregory Case approached the van out of curiosity, but Gibson did not stop. According to Detective Fernando, a security camera at a truck stop recorded a white van being followed by a pickup truck prior to the incident. Gregory Case called the police, reporting a suspicious vehicle near his home, while Gibson called shortly after, reporting the shooting.
Gibson is still employed by FedEx but is currently on workers’ compensation leave. His federal lawsuit against FedEx seeking $5 million was recently dismissed, but Moore plans to file a new civil suit in state court. The lawsuit named the city of Brookhaven, the police chief, and the Cases, alleging discrimination based on race. Moore argues that the mistrial not only represents an administrative setback but also a delay in justice for Gibson and his family.
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