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A judge has dismissed a case against a father and son accused of shooting at a Black FedEx driver in Brookhaven, Mississippi, WLBT reports.
Brandon and Gregory Case were charged in 2022 with attempted first-degree murder, conspiracy, and shooting into the vehicle driven by FedEx driver D'Monterrio Gibson.
Gibson previously said he was driving around to deliver a package last year when Gregory attempted to block him from leaving a neighborhood with his truck.
"He tries to cut me off and like instantly, my instincts kicked in. I swerved by him," Gibson said.
As he was trying to drive away, Gibson said he spotted Brandon pointing a gun at his delivery van.
"When he got past him, the guy started shooting towards his vehicle. The back of his vehicle was hit several times," Carlos Moore, Gibson's attorney, previously said.
A judge declared a mistrial in August 2023, citing that the lead detective in the case withheld evidence.
The Cases' lawyers argued that their entire case should be dismissed, saying the father and son were deprived of a speedy trial and due process.
On Monday (January 6), Judge David Strong sided with the defense and dismissed their case.
“The defendants' Motion to Dismiss is therefore granted, and all claims against the defendants, Mr. Gregory Charles Case and Mr. Brandon Gregory Case, are dismissed with prejudice,” court document reads.
In a statement, Gibson said he was “deeply devastated and disheartened” by the verdict.
“My family and I have been saying from the beginning that this is exactly what they wanted to happen and how it played and it did exactly that,” Gibson said. “I was hoping we would be approaching the end but the fight does continue.”
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