Advocates demand investigation of Mississippi police in case of FedEx driver who was allegedly shot at while delivering packages
Published 6:12 am Thursday, October 10, 2024
- D'Monterrio Gibson was allegedly shot at while working for FedEx on January 24, 2022. He still hopes he can tell his side of the story in court. (Hunter Cloud | The Daily Leader)
On Wednesday morning, advocates gathered on the steps of the courthouse, rallying in support of D’Monterrio Gibson, a FedEx driver who was allegedly shot at while delivering packages in January 2022. The demonstrators called for justice in Gibson’s case, accused the Brookhaven Police Department (BPD) of corruption, and urged the Department of Justice (DOJ) to investigate the department’s handling of the case.
Gibson, addressing the crowd, emphasized that his pursuit of justice was not about race but about right and wrong, and holding people accountable for their actions. “This case is not about race; it’s about accountability,” he stated.
According to *The Daily Leader*, on January 24, 2022, Gibson was delivering packages when Brandon and Gregory Case, a father and son, allegedly fired shots at him as he drove through Brookhaven. The incident occurred around 7:30 p.m., with no daylight. A week later, the Cases turned themselves in to Brookhaven Police. In an audio recording published by the *Mississippi Free Press*, Police Chief Kenny Collins revealed he delayed their arrest, citing concerns for his officers’ safety, as the department was still grieving the loss of two officers killed in the line of duty in 2018.
Advocates at the rally criticized this delay, arguing it gave the defendants time to hide evidence, such as shell casings and the firearm used in the shooting. Danielle Holmes, of the Mississippi Poor People’s Campaign, condemned the Brookhaven Police Department, claiming systemic corruption had obstructed justice in Gibson’s case. “This case was never properly investigated from the start. There’s a protective network within the department,” Holmes charged.
The Case family was indicted in November 2022 on charges of attempted murder, conspiracy, and shooting at a motor vehicle. However, during their August 2023 trial, several court order violations by Brookhaven Police investigator Vincent Fernando led Judge David Strong to declare a mistrial. One major issue was the introduction of surprise evidence during the trial—evidence neither the defense nor the district attorney’s office had previously seen.
Fernando had been ordered to provide all discovery materials to the district attorney’s office during pre-trial hearings. While over 200 pages of documents and seven DVDs of evidence were shared, additional body camera footage was only turned in by the Brookhaven Police Department in September 2024, weeks before the scheduled retrial.
“This is an egregious act by the Brookhaven Police Department, withholding key evidence and causing a mistrial,” Holmes said. She accused the department of attempting to scapegoat Fernando, alleging that he was denied access to critical information by the department’s IT staff. Holmes urged the DOJ to investigate what she described as deep-seated corruption within the BPD.
Defense attorney Terrell Stubbs argued that Fernando’s actions were motivated by a belief in the Cases’ guilt, leading to the mishandling of evidence. District Attorney Brendon Adams, however, stated that Fernando, as lead investigator, should have been fully aware of all the available evidence, including the missing body cam footage.
Judge Strong is expected to rule this week on a motion filed by the defense to dismiss the charges. His decision, coming just days before the retrial scheduled for October 14, could lead to a full dismissal or exclude specific evidence that was turned in late.
Despite the setbacks, Gibson remains determined to seek justice. “This case has been an uphill battle,” he said, expressing his frustration with the roadblocks in the case. “The true enemy is BPD. They made Fernando the scapegoat. I just want to tell my story.”
With the trial looming, Gibson holds onto hope for a fair resolution, saying, “At least I get a chance to tell what happened.”