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Mississippi police department at center of mistrial is under review by ‘outside expert’

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Mississippi police department at center of mistrial is under review by ‘outside expert’


The Mississippi police department that employs an officer whose errors led to a mistrial last week in the case of two white men charged in an attack on a Black FedEx driver is being reviewed by an independent third party after a scathing grand jury report cited a number of issues within the agency, including a “lack of professionalism.”

Bobby Moak, the attorney for the city of Brookhaven, said the Board of Aldermen voted unanimously last month to have an “outside expert” review the police department in response to the report.

“We’re not looking at any individual person per se,” he said. “No one was named in that report, so we’re just looking at the generalities of the report.”

A Lincoln County grand jury said that after having considered dozens of criminal cases presented by the Brookhaven Police Department, it found that officers “poorly investigate their cases,” that the department has a habit of witness blaming, that it is complacent, that it “does not complete investigations in a timely manner,” that it “is arresting individuals without sufficient probable cause” and that it “does not utilize technology to their advantage.”

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The grand jury also said that police gave it conflicting statements of facts and that there is a lack of training, continuing education and accountability within the department. And it said that “investigations are not completed after the original investigator leaves the department.”

The report was submitted July 7 and presented to Mayor Joe Cox and the Board of Aldermen. The grand jury said it heard sworn testimony from 27 witnesses, returned 28 indictments, continued 15 cases for further investigation, withdrew one case, remanded two cases to Brookhaven Municipal Court and refused to indict 18 people.

The city has hired William Harmening, a former law enforcement officer, to look at the police department’s policies and administrative works, Moak said. Harmening will submit a report on his findings.

Police Chief Kenneth Collins, whom the grand jury said it had spoken to, declined to comment Tuesday about the report or Harmening’s hiring. Cox did not respond to a request for comment.

Some members of the Board of Aldermen did not immediately reply to requests for comment. Three of them — Jeff Henning, Don Underwood and Andre D. Spiller — said in separate interviews that they were concerned by the grand jury’s report. A fourth alderman, James Magee Jr., declined to comment.

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“For them to give a report like that, there must be some kind of meat to the source,” Spiller said.

Henning said the board looked forward to Harmening’s findings and what, if any, suggestions he makes.

Grand juries in Mississippi are charged with not only looking at criminal indictments, Moak said. “They also have wide latitude in reviewing wide aspects of county and city government, and that is what they’ve done here,” he said.

Lee Bates, the district attorney for Lincoln, Pike and Walthall counties, said the Brookhaven Police Department has been criticized before — “but not at the same level.” He described the grand jury’s final statement as “scathing and profound.”

Police drew fresh scrutiny last week when state Circuit Judge David Strong declared a mistrial in the case of Gregory Case and his son, Brandon Case. The men are accused of shooting at and chasing D’Monterrio Gibson, a former FedEx employee, who was delivering a package near their homes in January 2022. Gibson was not injured.

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FedEx driver D'Monterrio Gibson speaks at a news conference in Ridgeland, Miss., Feb. 10, 2022, about his experience where he alleges he was fired upon and chased by a white father and son while delivering packages on his route in Brookhaven, Miss. Gregory Charles Case and his son Brandon Case are set to go on trial starting Tuesday, Aug. 15, 2023, on charges of attempted first-degree murder, conspiracy and shooting into the vehicle.
FedEx driver D’Monterrio Gibson in Ridgeland, Miss., on Feb. 10, 2022.Rogelio V. Solis / AP file

Strong said he had no choice but to declare a mistrial after Detective Vincent Fernando acknowledged under oath, while the jury was not in the courtroom, that he had not 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 last Wednesday. “Lo and behold, here we are on the second day of trial, and we find out something that these attorneys had been looking for for at least a week, potentially months, is actually in your file.” 

The judge said Fernando also should not have testified about guns that were found in the home of one of the men on trial and shell casings that were found outside the home. 

Bates, who prosecuted the case, said a new trial would be set. Brandon and Gregory Case, who are free on bond, were charged with attempted first-degree murder, conspiracy and shooting into the vehicle driven by Gibson.

Collins declined to comment Monday in response to an inquiry about whether Fernando had violated any departmental policies or would face any punishment for not having turned over the videotaped statement.

Underwood, an alderman-at-large who said he has been a proponent of having an appointed chief, as opposed to one who is elected, said he was not surprised by the grand jury’s report.

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“It’s completely true,” he said, though he said it did not reflect the entire police department. “We have good policemen in Brookhaven. We just have horrible leadership.”



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Mississippi

Why Mississippi State football loss to Arizona State revealed a strong Jeff Lebby culture

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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. 

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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.”

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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. 

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“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. 

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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_.



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Arizona State football turns heads with ‘unreal’ uniforms vs Mississippi State

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Arizona State football turns heads with ‘unreal’ uniforms vs Mississippi State


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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.

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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.

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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:

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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.

Support local journalism: Subscribe to azcentral.com today.

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Bus company in deadly Mississippi crash has mixed safety record: USDOT

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Bus company in deadly Mississippi crash has mixed safety record: USDOT


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.

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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:

  • (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

    • 05/28/2024

  • 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.

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Date

Location

Deaths

Injuries

10/16/2023

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Louisiana

0

1

4/15/2023

Texas

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1

2

11/23/2022

Tennessee

0

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0

9/24/2022

Arkansas

0

1

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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.

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The DOT advises travelers to do the following before they book their next bus trip.

  • Search for bus companies

  • Verify that a company is authorized to operate

  • Review the company’s safety records

  • Make sure the company is licensed and insured

  • 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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