A judge in Lincoln County has dismissed all charges against two white individuals, Gregory Case and his son Brandon Case, who were accused by prosecutors of firing upon D’Monterrio Gibson, a Black FedEx driver, during a delivery in Brookhaven, Mississippi, in January 2022.

The charges that were dropped included attempts at murder, conspiracy, and shooting into a vehicle. Although Gibson was unharmed in the incident, he previously shared images showing bullet damage to his delivery van with local media in February 2022. The defendants were indicted in November 2022.

On August 17, 2023, Mississippi Circuit Court Judge David Strong declared a mistrial, largely attributing it to the conduct of Brookhaven Police Detective Vincent Fernando, who failed to disclose a recorded interview he had with Gibson following the shooting. The judge expressed concerns over Fernando’s testimony regarding evidence found at one defendant’s home as well as shell casings located nearby.

Following the mistrial, the Cases’ attorneys, Terrell Stubbs and Dan Kitchens, moved to have the case dismissed on September 16, 2024, claiming Detective Fernando had breached legal protocols during his testimony.

During a dismissal hearing on September 30, 2024, Judge Strong called for both sides to submit briefs so he could rule on the motion. The Lincoln County District Attorney’s Office subsequently scheduled a retrial for January 6, 2025.

In dismissing the case on January 6, Judge Strong considered claims from the defendants that they were deliberately withheld evidence, subjected to double jeopardy, denied due process, and deprived of a speedy trial due to Fernando’s mishandling of the case. The dismissal was made with prejudice, meaning it cannot be re-tried in that court, although an appeal could still be pursued by the District Attorney to a higher court.

In his order, Judge Strong mentioned, “The court finds that the investigator intentionally withheld evidence from both the defense and even the District Attorney on multiple occasions, leading to significant discovery violations by the state.” He highlighted that these repeated infractions violated established criminal procedures and justified the dismissal of the case.

After the dismissal, Brandon Case’s attorney, Dan Kitchens, did not provide comments regarding the ruling. An attempt to reach Terrell Stubbs, representing Gregory Case, also resulted in no response, while D’Monterrio Gibson’s attorney, Willie Abston, indicated he would return the call at a later time.