A mistrial has been declared in the case involving a white father-son duo who allegedly shot at a Black FedEx driver in Brookhaven.
Brandon and Gregory Case were in day three of their trial for attempted first-degree murder for reportedly shooting into a vehicle occupied by 24-year-old D’Monterrio Gibson, who was delivering packages for FedEx.
Circuit Court Judge David Strong declared a mistrial after defense attorneys accused Brookhaven detective Vincent Fernando of withholding evidence that should have been released in pre-trial discovery. Fernando had a videotaped interview with Gibson in his case file that was never released to the District Attorney or the defense’s legal teams.
Additionally, attorneys representing Gregory Case claim that he called the Brookhaven Police Department to report a trespasser on his property prior to the incident spiraling out of control. The defense maintained that the two men followed Gibson to get his tag number.
Fernando disputed those claims, stating that cellphone records indicate the father-son duo had been communicating with one another and had begun chasing Gibson down before authorities were notified of a trespasser on the property.
The judge ultimately declared a mistrial due to numerous infractions committed by Fernando on the witness stand — with the withholding of evidence being the straw that broke the camel’s back.
Despite claims from Gibson’s attorney, Carlos Moore, that a mistrial was not necessary, Strong ultimately ruled that the trial could not proceed in its current state.
