New lawsuit filed in case involving white men who allegedly shot at Black former delivery driver

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A Black Mississippian who previously worked as a delivery driver has filed an additional lawsuit against a white father-son duo accused of shooting at him as well as FedEx — his former employer.

The litigation filed by D’Monterrio Gibson is pursuing at least $5 million, the Associated Press reports, in damages stemming from a January 2022 incident in which Brandon and Gregory Case allegedly fired gunshots at the then 24-year-old and led him on a high-speed chase in which he ultimately escaped.

According to Gibson, who was dropping off a package at a home in Brookhaven in a van rented by FedEx, one of the two men approached him in a pickup truck from a nearby home. The other suspect was pointing a firearm at the van and began firing, damaging the vehicle and packages inside, as Gibson sped off.

Gibson claims to have been chased until the pursuit ended with him landing on Interstate 55 northbound en route to FedEx’s Jackson distribution center.

Represented by attorney Carlos Moore, Gibson filed a previous lawsuit against the two suspects, FedEx, the city of Brookhaven, and Brookhaven Police Chief Kenneth Collins earlier this year. The suit was dismissed in August.

The father-son duo was initially indicted on charges of attempted first-degree murder, conspiracy, and shooting into a vehicle. However, on day three of their trial in August, 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.

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 Moore that a mistrial was not necessary, Strong ultimately ruled that the trial could not proceed in its current state.

Gibson was terminated from his occupation at FedEx mere days after the mistrial verdict was reached because he allegedly did not accept a part-time position that the company had made available to him.

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