Two white men accused of shooting at a Black FedEx driver while he was making deliveries in Brookhaven, Miss., in January 2022 will go on trial again next spring, officials say. A judge ordered a mistrial for defendants Gregory Case and his son Brandon Case last year after finding that an investigator had withheld evidence.
D’Monterrio Gibson, the former FedEx driver, told the Mississippi Free Press that he learned about the plans for the retrial on Friday. The Lincoln County District Attorney’s Office confirmed the plans for a spring 2025 retrial in a call with the Mississippi Free Press but did not provide an exact date.
“I’m actually happy today after hearing that,” Gibson told the Mississippi Free Press on Friday. “I was having a terrible day before—I’m having an amazing day now because I get a chance to get up there and tell my story.”
The Cases face charges for attempted first-degree murder, conspiracy and shooting into Gibson’s vehicle. Though he was not injured during his encounter with the Cases, Gibson shared photos with the Mississippi Free Press in February 2022 showing bullet holes in his van. Authorities indicted the men in November 2022.
Mississippi Circuit Court Judge David Strong declared a mistrial in the Cases’ trial in August 2023 because Brookhaven Police Lead Investigator Vincent Fernando did not submit video footage of Gibson’s interview with the Brookhaven Police Department in discovery and improperly testified about finding guns and shell casings at one of the defendants’ homes.
The judge made the decision after hearing arguments from the defense, which wanted the case thrown out, and from the prosecution, which sought a retrial.
“My goal is to make sure they don’t forget about it because it’s my story,” Gibson told the Mississippi Free Press.
