By Achoti Tamar
Judge David Strong declared a mistrial, while presiding over the Trial of Brandon Case and his father, Gregory Case. The Cases were charged with attempted first degree murder, conspiracy and shooting into the vehicle driven by D’Monterrio Gibson in January 2022. Judge Strong's decision to declare a mistrial was due to errors by Brookhaven Police Department Detective Vincent Fernando. On Wednesday, August 16, 2023, Judge Strong ended session early after Detective Fernando acknowledged under oath while the jury was out of the courtroom that he had not previously given prosecutors or defense attorneys a videotaped statement police had taken from Gibson.
Judge Strong stated Detective Fernando also improperly testified about guns found in the home of one of the men on trial and shell casings found outside the home. Defense attorneys requested the mistrial, and Strong said he had no choice but to grant it. The Judge added, “In 17 years, I don’t think I’ve seen it,” referring to the Detective's errors.
The Cases remain out on Bond. Terrell Stubbs, the defense attorney for Gregory Case, declined to comment. District Attorney Dee Bates stated that he disagrees with the judge’s decision. The new trial will mostly likely not be heard this year because the judge’s docket is full through December, a court official said. Carlos Moore, Gibson’s attorney in a civil lawsuit, said the mistrial “represents not just an administrative setback but also a delay in justice for Mr. Gibson and his family.” Moore continued stating he has asked the U.S. Department of Justice’s Civil Rights Division to investigate the Brookhaven Police Department for misconduct.
Was this an attempt by Detective Fernando to cover-up for the Cases? Was Detective Fernando's actions an attempt to sabotage the Prosecutors case. Moore believes it was. After the Judge's decision of Mistrial, Moore told reporters, “It is concerning that BPD withheld a potentially crucial evidence piece of evidence,” We believe that this is not an isolated incident but a part of a larger pattern of obstruction by BPD.” Moore also called for the Justice Department to bring federal hate crime charges against the Cases, who said tried to stop Gibson because he was driving a rental van with a Florida license plate and they wanted to know who was near a family home after dark.
Gibson is still employed by FedEx and is receiving workers’ compensation. Last week a Judge dismissed Gibson’s federal lawsuit seeking $5 million from FedEx, writing that the lawsuit failed to prove the company discriminated against him because of his race. That litigation also named the city of Brookhaven, the police chief and the Cases, and Moore said he plans to file a new civil suit in state court.
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