White Men Charged With Shooting At Black FedEx Driver Granted Dismissal Of All Charges

Brandon and Greg Case cannot be tried again for allegedly shooting at FedEx driver.

Charges against two Mississippi men who allegedly shot at FedEx driver D’Monterrio Gibson have been dismissed, the Associated Press reported.

Gregory Case and his son, Brandon Case, stood trial for the incident in a Lincoln County court. The two men allegedly shot at Gibson as he worked for FedEx delivering packages along his delivery route. Both men were charged with attempted murder, conspiracy, and shooting into a motor vehicle for the January 2022 incident.

On Jan. 6, Mississippi Circuit Court Judge David Strong suggested that state prosecutors made “intentional errors” that violated the rights of the Cases and declared a full dismissal of all charges with prejudice.

“Having conducted a hearing and reviewed the record and all pleadings, the court finds that the investigator in the case intentionally withheld evidence from the defense, and even from 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.”

The January 2025 dismissal came the same day a retrial was set to begin, as the first trial ended in a mistrial on Aug. 17, 2023.

Judge Strong agreed that Detective Fernando’s testimony of finding guns in the home of one of the defendants and his claim of discovering shell casings at the scene were contradicted by a video interview of Gibson after the event. Continuing the trial would have violated the Cases’ right to a “speedy trial” and exposed them to “double jeopardy.”

Gibson shared photos of bullet holes in his delivery truck to the Mississippi Free Press in February 2022. The Cases were indicted in November 2022, 11 months after the incident. Brandon Case’s lawyer, Dan Kitchens, and Gregory Case’s lawyer, Terrell Stubbs, declined to comment on the case.