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, Miss., 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.
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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
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