BROOKHAVEN, Miss. (WJTV) – A judge issued an order on Monday dismissing all charges against a father and son, who were accused of shooting at a FedEx driver in Mississippi.
D’Monterrio Gibson, a former FedEx driver, said he was shot at by Brandon and Gregory Case while delivering a package in January 2022. Gibson was not wounded during the encounter on January 24, 2022.
The Cases were charged with attempted first-degree murder, conspiracy and shooting into the vehicle driven by Gibson, which did not have a FedEx logo.
A mistrial was declared in August 2023 after Detective Vincent Fernando, with the Brookhaven Police Department, left out crucial evidence during the pretrial.
The Daily Leader reported Judge David Strong stated in his order that defendants alleged numerous intentional discovery violations made by Fernando.
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Brookhaven Police Department detective Vincent Fernando, looks around the Lincoln County courtroom while testifying Wednesday, Aug. 16, 2023, in Brookhaven, Miss., at the trial of two white men who are accused of chasing and shooting at a Black FedEx driver who had dropped off a package at a home. On Thursday, Aug. 18, 2023, the judge declared a mistrial in the case. (Hunter Cloud/The Daily Leader via AP) -
D’Monterrio Gibson, right, and his mother, Sharon McLendon, await the start of the trial of two white men charged in an attack on Gibson, a FedEx
employee who was making a delivery, Thursday, Aug. 17, 2023, in Brookhaven, Miss. The judge declared a mistrial of the men who were charged with
attempted first-degree murder, conspiracy and shooting into the vehicle driven by Gibson. (Hunter Cloud/The Daily Leader via AP) -
Gregory Case, the father, center, and Brandon Case, the son, right, speak with an attorney, Wednesday, Aug. 16, 2023, at the Lincoln County Courthouse in
Brookhaven, Miss. Both men were indicted for conspiracy to murder, attempted murder and shooting into a motor vehicle in relation to a January 24, 2022
shooting at a Black FedEx driver. (Hunter Cloud/The Daily Leader via AP)
Due to numerous intentional discovery violations made by the investigator, detective Vincent Fernando, and thus the state, the defendants have been deprived of a speedy trial, intentionally denied evidence, exposed to double jeopardy and denied due process in general.
Having conducted a hearing and having reviewed the field and all pleadings, the court finds that the investigator in the case intentionally withheld evidence from the defense, even the District Attorney, on numerous occasions, resulting in egregious discovery violations by the state.
These repeated intentional errors are a clear violation of the Rules of Criminal Procedure, as well as well-established case law, justifying the dismissal of the indictment with prejudice.
Judge David Strong’s order
The Associated Press contributed to this report.