“Mistrial Declared in Case of White Father and Son Charged with Shooting at Black FedEx Driver”

By | August 17, 2023

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A Mississippi judge has declared a mistrial in the case of a White father and son charged with attempting murder for allegedly shooting at a Black FedEx driver. The mistrial was due to errors made by a police detective who admitted to improper testimony and withholding evidence. The defense attorneys requested the mistrial, and the judge granted it. The mistrial has caused frustration among prosecutors and the victim’s attorney, who are uncertain if a new trial can be held before the end of the year. Timothy Bella reported

A Mississippi judge has declared a mistrial in the case of a White father and son who were charged with attempted murder for allegedly chasing and shooting at a Black FedEx driver. Brandon Case, 38, and his father Gregory Case, 59, were accused of pursuing FedEx driver D’Monterrio Gibson for approximately seven minutes as he made deliveries in Brookhaven, Mississippi. The defendants fired at least five shots at Gibson’s van, but he was not injured in the incident.

The mistrial was granted due to errors made by a detective from the Brookhaven Police Department, who admitted to providing improper testimony and withholding information from the legal teams. The detective had not disclosed a videotaped statement from Gibson and had testified inaccurately about firearms found in the defendants’ home. Judge David Strong expressed his surprise at the situation, stating that in his 17 years on the bench, he had never seen such errors.

Gibson’s attorney, Carlos Moore, expressed disappointment over the mistrial, as it represents a delay in justice for Gibson and his family. Moore also raised concerns about the Brookhaven Police Department’s conduct and has requested that the Justice Department investigate for potential obstruction of justice.

Prosecutors are uncertain if a new trial can be scheduled before the end of the year. Moore compared Gibson’s case to that of Ahmaud Arbery, a Black man who was murdered in Georgia in 2020 after being chased by three White men. Gibson, who had only been to the neighborhood in question a few times for work, described how he was chased and shot at while delivering packages.

Despite the mistrial, Gibson remains employed by FedEx but is on workers’ compensation leave. A federal lawsuit seeking $5 million from FedEx was dismissed, but Moore plans to file a new lawsuit. The Cases, who turned themselves in and were released on bond, have not commented on the mistrial. The Brookhaven Police Department and the Justice Department have yet to respond to requests for comment.

As the mistrial was announced, Gibson’s mother expressed her disapproval in the courtroom, while the defendants remained stoic. Moore remains hopeful that justice will prevail and that the legal process will be fair and transparent..