On Monday, a 2022 criminal case of attempted murder against two Lincoln County men was dismissed. The primary police investigator associated with the case tendered his resignation later that day, to be effective the end of January.

Tuesday, the Board of Aldermen said that wasn’t soon enough, and terminated the officer, effective immediately.

The case involved then-FedEx driver D’Monterrio Gibson, who was fired at in January 2022, while leaving a home in northeast Lincoln County. Father-son duo Gregory and Brandon Case were indicted in November 2022 on charges of attempted murder, conspiracy, and shooting into a motor vehicle.

In fall 2023, Brookhaven Police Department Investigator Vincent Fernando became the focus of attention when it was revealed in Lincoln County Circuit Court that he knew about evidence that had not been surrendered to the court or to the defense. Judge David Strong declared a mistrial in August 2023, and admonished Fernando to turn over all evidence relevant to the case prior to retrial.

Fernando maintained in the pretrial hearing in September 2024 that he didn’t know other body camera footage existed while admitting he did know the Brookhaven Police Department’s policy called 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 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 that same day.

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.”

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

Monday, Jan. 6, 2024, Judge Strong dismissed all charges against the Cases, with prejudice — meaning the case cannot be refiled.

“Due to numerous intentional discovery violations made by the investigator, detective Vincent Fernando, and thus the state, the defendants have been deprived of a speedy trial, intentionally denied evidence, exposed to double jeopardy and denied due process in general,” the order states. “Having conducted a hearing and having reviewed the field and all pleadings, the court finds that the investigator in the case intentionally withheld evidence from the defense, even the District Attorney, on numerous occasions, resulting in egregious discovery violations by the state. These repeated intentional errors are a clear violation of the Rules of Criminal Procedure, as well as well-established case law, justifying the dismissal of the indictment with prejudice.”

Following the dismissal, Fernando submitted his resignation to Police Chief Kenneth Collins, to be effective Jan. 31. When Collins asked if he would amend the effective date to an earlier time, the investigator declined.

At the regular Board of Aldermen meeting Tuesday evening, Mayor Joe Cox read the following statement:

“With the court-ordered dismissal of the FedEx case, it is important to note this administration and the Board of Aldermen will not shirk from our responsibility to make tough, logical decisions to seek professionalism in our city police department. The (Court) order speaks for itself. When matters are presented to prosecutors not up to professional standards, we rectify those matters when made known to us.

“Further, we have enacted police policies and procedures that have been developed by law enforcement experts along with Criminal Justice Department leaders in our state universities. We expect and demand those to be complied with. We expect professional behavior in our police department. When those mandates are not followed, this administration and Board will take action.

“We have heard your questions, comments and advice. Please be sure we will take decisive action to ensure our police department is a professional organization beyond reproach.”

Ward 6 Alderman Andre’ Spiller then presented a motion to terminate Fernando.

“Upon review of the Lincoln County Circuit Court Order, it appears there has been improper conduct by Mr. Fernando that rises to termination for ‘any legally permissible reason’ by the City, as outlined in … the City of Brookhaven Employee Handbook. Further, the grievance process … was bypassed by Mr. Fernando’s tendering of his resignation. Additionally, the policy language stating ‘the city may exercise its discretion where the circumstances warrant’ allows the City to not consider this process.”

“Therefore,” Spiller said, “I move this Board does not accept the resignation of Vincent Fernando, but alternatively seeks his immediate dismissal.”

Ward 1 Alderman James Magee Jr. seconded the motion, and the Board voted unanimously to fire the investigator, effective immediately.