LINCOLN COUNTY, Miss. (WJTV) – A former FedEx driver spoke out after a judge dismissed the charges against against a father and son who were accused of shooting at him.
D’Monterrio Gibson said the fight is not over, and he won’t stop until justice has been served.
“It was thrown out due to a technicality. Even their lawyers were saying that they did what they did, but for a reason. The only thing they gave was excuses on why they did it. They never said that they did not do it,” said Gibson.
Gibson 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.
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
Gibson said the cards were stacked against him from day one, and it led him to lose faith in the criminal justice system.
“I see how the system is now. I see that a lot of times, and I heard somebody say this. They say it works oftentimes in favor of the criminal, and like, I just believe that now I have no faith in the system whatsoever,” he said.
Gibson said he’s searching for new legal representation while he’s also in contact with the Department of Justice.
The Associated Press contributed to this report.