BROOKHAVEN — Judge David Strong did not rule on a motion to dismiss in pre-trial hearings for Mississippi v. Gregory and Brandon Case Monday morning. Deliberations took over an hour and a half in the pre-trial hearings. 

At the conclusion, Strong asked the defense attorneys for Brandon and Gregory Case to file a short letter brief and send a copy to the district attorney’s office in the next five days. The district attorney Brendon Adams will then have five days to file his short letter brief and send a copy to the defense attorneys. Strong said he will then make a ruling on if the case will be dismissed entirely or possibly exclude new evidence submitted by Brookhaven Police Department’s detective Vincent Fernando in a retrial of the “FedEx shooting case.”

The FedEx shooting case is the nickname given to an incident which occurred nearly three years ago on Jan. 24, 2022. Father Gregory Case and son Brandon Case allegedly fired upon FedEx delivery driver D’Montario Gibson. 

Arguments to dismiss

The defense has contention over new evidence provided by Fernando since the case’s mistrial in August 2023. Defense Attorney Terrell Stubbs argued Fernando knew about evidence including the body camera footage of detectives going through Brandon Case’s home but did not comply with an initial court order to turn everything over. 

Fernando turned over additional new evidence on Sept. 19 including four different body camera footage which the District Attorney’s office promptly shared with defense attorneys. 

Readers may not recall but Strong admonished Fernando at the conclusion of the mistrial in August 2023 and asked him to turn over any and all evidence relevant to the case. It appears he did not do so as new discovery surfaced a month before the retrial. 

Fernando maintained he didn’t know other body camera footage existed while admitting he did know the Brookhaven Police Department’s policy was for body cameras to be on during investigations and he knew footage existed of a suspect lineup and other moments. 

Additionally, Fernando admitted he did not have his body camera on during the initial investigation of the crime scene on Jan. 25, 2022 when he went with alleged victim D’Monterrio Gibson. He explained he did not feel it was necessary at the time. 

Fernando then turned his body camera on before interviewing Brandon Case at Honda Pro on Jan. 25, 2022. 

Defense Attorney Dan Kitchens asked Fernando about pictures he had taken while searching the home of Brandon Case. Kitchens said while watching body camera footage he noticed Fernando was taking pictures of guns and instructing a fellow officer to write down the serial numbers to the firearms in a list. 

He asked where the list and pictures were. The list was misplaced, Fernando said and the pictures were deleted because the handgun found in the safe was a “BB gun.”

District Attorney Brendon Adams’ voice thundered in the courtroom as he asked Fernando who was responsible for the investigation. Fernando answered and said he was. 

“If there was evidence you should have had it. You testified you turned it over. The buck stops with you,” Adams said. 

Adams and Stubbs then brought up body camera footage which showed Fernando speaking with other officers outside of the police station and how they wanted to handle the case the morning Gibson made the complaint. Fernando suggested going with a specific officer because they were easier to manipulate. Fernando said he wasn’t thinking about it at that time. 

Stubbs then asked a few questions and made an argument for dismissal of new evidence. He asked why Brookhaven’s Police Department IT man Chris Lambert was not present for questioning as Fernando shifted blame for missing body camera footage to him. Fernando said Lambert was not there because no one asked him to be there. 

Stubbs then asked if Fernando had already made up his mind about Brandon Case being guilty before even questioning him. Fernando said he did not. 

“That is why you hid information,” Stubbs said. “This court should issue instructions to the jury to not believe anything this man (Fernando) says.”

Stubbs asked Strong about a continuance for the trial if the motion to dismiss new evidence provided by Fernando is not granted. Strong asked Adams who had no objection to a continuance if one was needed to go through new evidence. Right now, the trial is scheduled to start on Oct. 14, 2024. 

Venting Frustration

Sharon McLendon, Gibson’s mom, and family held hands and prayed on the courthouse steps after the pre-trial hearings Monday morning. Her anger boiled over when Brookhaven Police Chief Kenny Collins and Fernando walked out of the courthouse.

“You need to press perjury charges,” she yelled along with a tirade of colorful language as she vented her frustration. Fernando and Collins kept walking towards their vehicles to leave. 

She was comforted by others who told her she had to “let God handle it.”

McLendon said she is mad because the case has gone on for three years and Fernando continues to lie. She alleged the mishandling of evidence in the case is due to the department trying to cover things up. 

“Everyone knows everybody. They all go to the First Baptist Church,” McLendon said. “They don’t want to prosecute each other.”

One of her allegations is that the department gave ample time for evidence to be cleaned up as it took a week for Gregory and Brandon Case to be taken into custody. 

She said she was going to ask the United States Department of Justice to get involved and investigate the police department. The DOJ recently launched an investigation into the Rankin County Sheriff’s Office and concluded an investigation into the Lexington Police Department where multiple civil rights violations were found. 

“I’m frustrated with the Brookhaven Police Department the most. They have mishandled this case from the beginning,” McLendon said. “I’m more upset with the Brookhaven Police Department. I’m just trying to stay strong.”