After a mistrial was declared last August in the case involving a white father-son duo who are accused of shooting at a Black FedEx driver in Brookhaven, a date for the new trial has been set for the spring of 2025.
Gregory Case and his son Brandon Case initially stood trial after being arrested and charged with attempted first-degree murder, among other charges, after firing upon D’Monterrio Gibson, a FedEx driver making deliveries in the Case’s neighborhood in January 2022. A judge ordered a mistrial in the pair’s case after it was discovered that an investigator withheld evidence.
Official charges levied against the Cases, on which they were indicted in November 2022, are attempted first-degree murder, conspiracy, and shooting into Gibson’s vehicle. Gibson was not injured in the incident, but multiple bullet holes were discovered in the delivery van.
Circuit Court Judge Davis Strong declared a mistrial on day three of the initial trial after Gibson’s defense attorneys accused Brookhaven detective Vincent Fernando of withholding evidence that should have been released in pre-trial discovery. Fernando was in possession of a videotaped interview with Gibson in his case file – though it was never released to the District Attorney or the defense.
Attorneys representing Gregory Case also claimed that he called the Brookhaven Police Department to report a trespasser on his property prior to the shooting, but the defense maintained that the pair of men followed Gibson to get his tag number before firing a round of shots at his van.
Detective Fernando disputed those claims, stating that cellphone records indicate the father-son duo has been communicating with one another and had begun chasing Gibson down before authorities were notified of a trespasser on the property.
Judge Strong ultimately declared the mistrial due to various infractions committed by Fernando on the witness stand – with the withholding of evidence being the primary determinant.
Though Carlos Moore, Gibson’s attorney, said a mistrial was not necessary, the judge ruled that the trial could not proceed in its current state.
The Lincoln County District Attorney’s Office confirmed that the new trial will take place in spring of next year, though they were not able to provide a specific start date.
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