Case dismissed against men accused of chasing Black FedEx driver

On Jan. 6, 2025 a Mississippi judge dismissed the criminal case against two men accused of shooting at a FedEx driver.

Gregory Case and his son Brandon Case allegedly chased and fired at D’Monterrio Gibson in January 2022. The judge dismissed the case with prejudice, which permanently blocked prosecutors from refiling the charges.

Mississippi judge dismissed charges in Black FedEx driver case

Authorities indicted the Cases in November 2022 on charges of attempted murder, conspiracy to commit first-degree murder, and shooting into a motor vehicle. Community protests followed, demanding accountability and justice for Gibson.

D’Monterrio Gibson’s Account and Evidence

Gibson wore his FedEx uniform and drove an unmarked van during the incident, but he did not suffer physical harm. However, he later shared photos of bullet holes in his vehicle. These images supported his claim that he was chased and shot at while delivering packages.

Mistrial and Motion to Dismiss

On August 17, 2023, Judge David Strong declared a mistrial. A Brookhaven detective admitted to withholding a key interview with Gibson. This revelation led defense attorneys to file a motion to dismiss on September 16, 2024. They argued the defendants were denied a speedy trial and due process.

Final Ruling and Legal Violations

On January 6, 2025, Judge Strong ruled in favor of the defense. He cited egregious discovery violations and repeated intentional errors by lead investigator Vincent Fernando. The judge concluded the Cases were exposed to double jeopardy and denied constitutional protections. As a result, he dismissed the case with prejudice.

Civil Lawsuit Moves Forward

Despite the criminal case dismissal, Gibson continues to seek justice through a civil lawsuit. The Mississippi Center for Justice (MCJ) now represents him. Attorney Rob McDuff stressed the seriousness of the incident, stating, “They could have killed him.” MCJ President Kimberly Merchant added, “A Black man delivering packages should not have to fear for his life”.

Next Steps and Possible Appeal

The Lincoln County District Attorney may appeal the dismissal to a higher court. Meanwhile, Gibson and his legal team remain focused on civil remedies. His former attorney was suspended in 2024, prompting MCJ’s involvement.