Brandon and Greg Case cannot be retried for their alleged shooting at a FedEx driver.
According to the Associated Press, the charges against two Mississippi men who allegedly shot at FedEx driver D’Monterrio Gibson have been dismissed.
Gregory Case and his son, Brandon Case, faced trial in a Lincoln County court for their involvement in the incident. According to reports, the two men are accused of shooting at Gibson while he was on his FedEx delivery route. The charges against them include attempted murder, conspiracy, and shooting into a motor vehicle. This incident took place in January 2022.
Mississippi Circuit Court Judge David Strong recently made a significant ruling regarding a case. On January 6, Judge Strong stated that state prosecutors had made intentional errors that directly violated the rights of the Cases. As a result, he declared a full dismissal of all charges against them, emphasizing the importance of upholding justice and fairness in the legal system.
“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 dismissal in January 2025 coincided with the scheduled start of a retrial, after the initial trial had ended in a mistrial on August 17, 2023.
Judge Strong concurred with Detective Fernando’s testimony about discovering guns in the defendant’s residence and finding shell casings at the crime scene. However, a video interview with Gibson following the incident contradicted these claims. Proceeding with the trial would have infringed upon the Cases’ right to a prompt trial and subjected them to the risk of being tried for the same offense twice.
In February 2022, Gibson showcased images of bullet holes in his delivery truck to the Mississippi Free Press. It took 11 months for the Cases to be indicted following the incident that occurred. The lawyers representing Brandon Case, Dan Kitchens, and Gregory Case, Terrell Stubbs, chose not to provide any comments regarding the case.
