Mississippi
Mississippi grand jury cites shoddy investigations by police department at center of mistrial
BROOKHAVEN, Miss. (AP) — A Mississippi grand jury issued a report last month sharply criticizing a police department whose errors prompted a mistrial this week in the case of two white men charged in an attack on a Black FedEx driver.
Officers in the Brookhaven Police Department “poorly investigate their cases,” according to a Lincoln County grand jury that considered more than 60 criminal cases. The department is “complacent,” “does not complete investigations in a timely manner,” shows a “lack of professionalism” and “has a habit of witness blaming,” the grand jury said.
The July 10 report came weeks before Judge David Strong cited police errors as his reason for declaring a mistrial Thursday in the case of Gregory Case and his son, Brandon Case, who are accused of shooting at and chasing FedEx employee D’Monterrio Gibson, who was delivering a package near their homes in January 2022.
Gibson, 25, was not injured in the attack. But the chase and gunfire led to complaints on social media of racism in Brookhaven, about an hour’s drive south of the state capital, Jackson.
Prosecutors said they intend to set a new trial for Gregory Case and Brandon Case, who remain out on bond. The men were indicted in November on charges of attempted first-degree murder, conspiracy and shooting into the vehicle driven by Gibson. A court official said it could be months before a new trial date is available.
Strong said he made the mistrial decision because of errors by a Brookhaven Police Department detective. On Wednesday, the judge ended court early after Detective Vincent 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.
“The bottom line is, this file should have been turned over to the DA’s office prior to the indictment,” Strong told Fernando on Wednesday. “And lo and behold, here we are on the second day of the trial and we find out something that these attorneys have been looking for for at least a week and potentially months is actually in your file.”
By withholding the videotaped statement, a potentially critical element of the investigation, Fernando kept attorneys on both sides of the case in the dark.
“Do you understand how the system doesn’t work when that happens?” Strong probed.
“Yes, your honor,” Fernando replied.
The judge said 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.
Fernando had testified that he has 20 years of law enforcement experience, with the past three in Brookhaven.
Brookhaven Police Chief Kenneth Collins did not answer the phone and did not immediately respond to voicemail messages Friday. When The Associated Press called the police department and asked for Fernando, an employee sent the call to the chief’s line.
The legal procedure for turning over important documents can be hampered by bureaucratic disconnect, said André de Gruy, the state public defender for Mississippi. De Gruy, who was not involved in the case, said in an interview Friday that local prosecutors all over the state have been slow to turn over files to defense attorneys.
“District attorneys all over the state tell us, ‘We’re having trouble getting files from the police department, so we can’t turn it over to you,’” de Gruy said.
Why Fernando didn’t turn over the file has vexed legal observers. If he testified that he had the videotaped statement, it would seem that he wasn’t trying to hide it; he just didn’t turn it over, de Gruy said.
Outside of potential consequences handed down by the police department, de Gruy said legal punishment for Fernando would be unlikely if he didn’t commit perjury, a crime for which he hasn’t been accused.
The grand jury — made up of local residents — did not name specific Brookhaven Police Department officers but wrote that “investigations are not completed after the original investigator leaves the department” and that the department “is arresting individuals without sufficient probable cause.”
The grand jury said the department has a “lack of accountability,” department employees gave conflicting statements of fact to the grand jury, the department does too little to train its employees and does not use technology to its advantage.
Sharon London of Irondale, Alabama, attended the trial in Brookhaven this week, saying she wants justice for Gibson and his family because she believes her own family did not receive it after her 43-year-old sister, Bridget London Hall, was killed in Brookhaven in 2015. London said the police department never arrested anyone.
London said the Brookhaven Police Department has “a breakdown in their leadership.”
“They do not know how to investigate cases,” London said. “And that’s a problem. That’s a problem for D’Moneterrio. That’s a problem for me. And that’s a problem for all the citizens here in Brookhaven, Mississippi, and they should be upset about it. And I am.”
District Attorney Dee Bates was first elected in 2003 and did not run for office this year. His term expires at the end of the year. Bates said the mistrial was “very frustrating to me.”
“But I’m certain it’s frustrating to others — probably more,” Bates said.
____
Michael Goldberg reported from Jackson. He is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow him at @mikergoldberg.
Mississippi
Why Mississippi State football loss to Arizona State revealed a strong Jeff Lebby culture
It was 11:10 p.m. Saturday in Starkville when Arizona State quarterback Sam Leavitt barreled into the end zone for his second touchdown of the game.
At that point, it would’ve been fair for Mississippi State football fans to call it a night. The Bulldogs (1-1) trailed 27-3 at ASU in the final minute of the second quarter. They were dominated in just about every statistical category. New coach Jeff Lebby looked like he was headed toward his first loss, and an embarrassing one.
And even if you gave the second half a chance, eyes just a crack open, that wasn’t encouraging either. Arizona State (2-0) took the opening drive of the third quarter for a field goal while eating 8 minutes, 27 seconds of game time. That just about decided the game before Mississippi State touched the ball in the second half.
Wrong.
Instead, MSU scored touchdowns on three of its next four drives and cut the score to 30-23 with 5:27 to play. The defense, which was torched for 346 rushing yards, needed one more stop to let the offense try to tie it. It would’ve been the largest comeback in program history.
Mississippi State’s path to a bowl game seems murkier than it was a week ago. But in the long-term, there’s still encouragement after the 30-23 loss.
“Our guys battled in an incredible way in the second half, and we’re going to hold on to that,” Lebby said in his postgame radio interview. “We’re going to find ways to get back in the building, get back to work and be able to walk into Davis Wade (Stadium) with a ton of confidence and ready to go win a football game.”
The encouragement from Mississippi State’s comeback effort
Lebby said after beating Eastern Kentucky 56-7 in Week 1 that there is an abundance of teachable moments in wins, just like losses.
There is plenty to point to after losing to Arizona State.
Mississippi State came out incredibly flat. The Sun Devils scored on their first five possessions. The MSU offense had one field goal, two punts, a fumble returned for a touchdown and a turnover-on-downs in the first half. MSU had -13 rushing yards in the first half.
There were concerns entering the game about the travel distance, late kickoff and high temperature. But let’s be real, Mississippi State was playing so poorly at the start that it was hard to judge if those were factors.
“I got to do a better job getting these guys ready to go play out of the gate,” Lebby said. “I thought our energy, our effort and our emotion was really good, but then we did not play clean there in the first quarter, so that part was frustrating.”
The Bulldogs outscored the Sun Devils 20-0 in the final quarter and a half. It was a surprise. Arizona State was rolling. Mississippi State was not.
MORE: Introducing Sam Sklar, the Clarion Ledger’s new Mississippi State beat reporter
For Lebby, a first-time head coach at any level, let it be a learning moment for him. It was his first time getting pinned in a corner. The Bulldogs adjusted correctly in the second half like good coaches do.
The rushing offense and defense both need to improve. Badly. Quarterback Blake Shapen has been impressive in his first two Mississippi State games and the wide receiver room is deep and talented as ever, but they can’t be the only answer.
That’s just for this season.
Mississippi State has its first tally in the loss column. But it isn’t a strike against Lebby leading the future of the program.
Sam Sklar is the Mississippi State beat reporter for the Clarion Ledger. Email him at ssklar@gannett.com and follow him on X @sklarsam_.
Sam Leavitt leads ASU to convincing victory in 1st career start
Leavitt and the Sun Devils cruised past visiting Wyoming 48-7 on Saturday night at Mountain America Stadium.
The Arizona State football team elevated its play on the field in its 48-7 win over Wyoming in Week 1.
It is elevating its uniform game for Week 2 against Mississippi State.
ASU football is wearing a gold alternate jersey against the Bulldogs at Mountain America Stadium in Tempe on Saturday night.
The jersey includes maroon “Arizona State” lettering and maroon numbering, along with a noticeable Big 12 logo.
The Sun Devil football team unveiled the uniform last month, with Athletic Director Graham Rossini posting that “you’ll see this on the field early this season.”
On Thursday, ASU football announced that it would be wearing the uniform against Mississippi State with a video that said “Modern shine, with a classic design.”
On Friday, it posted another look at the uniform.
More: Arizona State vs Mississippi State live score updates, analysis for college football game
ASU vs Mississippi State schedule, TV: How to watch college football game
Promising look: Arizona State football’s 2024 win prediction doubles after Week 1 victory over Wyoming
Social media reacted favorably overall to ASU football’s uniform vs Mississippi State:
Do you like the look for ASU football?
ASU vs. Mississippi State picks: Who wins Week 2 college football game?
Looking promising: Arizona State football makes huge leap in college football ranking, Big 12 power rankings
Reach Jeremy Cluff at jeremy.cluff@arizonarepublic.com. Follow him on X, formerly Twitter @Jeremy_Cluff.
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WARREN COUNTY, Miss. (WJTV) – There are questions about a bus company’s track record after a fatal bus crash in Mississippi on Saturday, August 31.
Seven people died when a passenger bus traveling on Interstate 20 left the roadway and overturned. The Mississippi Highway Patrol (MHP) said that 41 passengers and two drivers were enroute to Dallas from Atlanta.
Autobuses Regiomontanos owned the bus in the crash. The company, which is registered with the U.S. Department of Transportation (DOT), has had a troubled record in recent memory. It consists of lawsuits, driver fitness violations and even another fatal crash in 2023.
According to the DOT, the company, based in Laredo, Texas, operates 17 vehicles and employs 39 drivers. The company currently has a ‘conditional‘ safety rating. It is given to companies with ‘inadequate‘ safety controls. Still, companies with this rating may continue to operate.
Its most recent compliance review occurred in July 2023. Using data available from the DOT’s Safety Management System, it has had 155 inspections. Of those inspections, 58 had violations. Nearly all were vehicle maintenance violations.
Three infractions between October and December of 2023 involved issues with vehicle tires. Other infractions included 16 brake or air brake violations and citations for having two buses with no or defective emergency exits.
Seven victims killed in Mississippi bus crash identified
Other inspection violations related to the bus company’s drivers. All violations occurred this year. They include the following:
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(1) Operating a commercial vehicle without corrective lenses or hearing aids as indicated on the driver’s medical certificate (2) Operating a commercial motor vehicle (CMV) while not possessing a valid commercial driver’s license (CDL).
-
05/13/2024
-
05/14/2024
-
05/14/2024
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05/28/2024
-
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Operate a CMV while not in possession of a CDL on person.
DOT data indicates that company buses have been in four separate accidents over the last two years. A November 2022 crash required a bus to be towed away and another in April 2023 resulted in someone dying. Below is the record.
|
Date |
Location |
Deaths |
Injuries |
|
10/16/2023 |
Louisiana |
0 |
1 |
|
4/15/2023 |
Texas |
1 |
2 |
|
11/23/2022 |
Tennessee |
0 |
0 |
|
9/24/2022 |
Arkansas |
0 |
1 |
The NTSB is investigating the crash in conjunction with MHP. NTSB officials said they will look at the carrier’s safety record and protections for bus occupants.
Community comes together to help Mississippi bus crash victims
Autobuses Regiomontanos violated several provisions of the Americans with Disabilities Act (ADA). According to the U.S. Department of Justice (DOJ), it failed to have an ADA training program in place for its employees and contractors, failed to file required ADA compliance reports and failed to ensure that all lifts on its buses were properly maintained.
In 2015, the company entered into a settlement agreement with the U.S. Attorney’s Office for the Southern District of Texas.
The company was also named as a defendant in a $708 million lawsuit filed by New York City City in January. The city accused Autobuses Regiomontanos and other charter bus and transportation companies of taking migrants to the Big Apple on behalf of the State of Texas.
The DOT advises travelers to do the following before they book their next bus trip.
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Search for bus companies
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Verify that a company is authorized to operate
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Review the company’s safety records
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Make sure the company is licensed and insured
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If appropriate, report a company
DOT agencies advise consumers that unless a motor carrier has received an unsatisfactory rating or has been ordered to discontinue its operations, it is authorized to operate on the nation’s roadways. Additionally, readers should not conclude that a carrier is safe or unsafe by only using data from DOT agencies. For more information, click here.
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