BROOKHAVEN, Miss — A Lincoln County judge on Monday dismissed all charges against two white men who prosecutors accused of shooting at D’Monterrio Gibson, a Black FedEx driver, while he was making deliveries in Brookhaven, Mississippi, in January 2022.
The dismissed charges against Gregory Case and his son Brandon Case included attempted murder, conspiracy and shooting into a motor vehicle.
Though he was not injured during his encounter with the Cases, D’Monterrio Gibson shared photos with the Mississippi Free Press in February 2022 showing bullet holes in his van. Authorities indicted the men in November 2022.
Mississippi Circuit Court Judge David Strong declared a mistrial on Aug. 17, 2023, citing the fact that Brookhaven Police Department Detective Vincent Fernando withheld a recorded interview he conducted with Gibson at the police station after the incident. The judge said he improperly testified about finding guns in the home of one of the defendants and shell casings outside.
The Cases’ attorneys, Terrell Stubbs and Dan Kitchens, entered a motion to dismiss the case on Sept. 16, 2024, alleging that Brookhaven Police Department Detective Vincent Fernando violated multiple laws when giving testimony.
In a Sept. 30, 2024, hearing for the dismissal motion, Judge David Strong asked the prosecution and defense to submit a brief for the court to rule on the motion.
In October 2024, the Lincoln County District Attorney’s Office set a retrial date for Jan. 6, 2025.
Strong’s Jan. 6 dismissal order said the defendants alleged that the Cases were intentionally denied evidence, exposed to double jeopardy, denied due process and did not get their right to a speedy trial because of Fernando’s errors. The judge dismissed the case with prejudice, meaning the case cannot be retried in that court again but the Lincoln County District Attorney could still appeal it to a higher court.
“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,” Strong’s order says. “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.”
Brandon Case’s lawyer, Dan Kitchens, declined to speak to the Mississippi Free Press on Jan. 6 about the dismissal. The Mississippi Free Press reached out to Gregory Case’s lawyer Terrell Stubbs for an interview on Jan. 6, but a spokesperson said he was unavailable. The Mississippi Free Press also reached out to Gibson’s lawyer, Willie Abston, who said he would call back later.
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This story was originally published by Mississippi Free Press and distributed through a partnership with The Associated Press.