Mississippi
Trial of 2 white Mississippi men in shooting attack on Black FedEx driver ends in mistrial
A judge declared a mistrial Thursday in the case of a white father and son in Mississippi who were accused of chasing and shooting at a Black FedEx driver who had dropped off a package at a home, after it was revealed that police withheld evidence.
Brandon Case and his father, Gregory Case, were charged with attempted first-degree murder, conspiracy and shooting into the vehicle driven by D’Monterrio Gibson in January 2022. The case drew comparisons to the murder of Ahmaud Arbery, a 25-year-old Black man who was running through a Georgia neighborhood in February 2020 when three white men — including a father and son — chased him in a pair of pickup trucks for five minutes and one of the men fatally shot him. The three men were convicted of murder and sentenced to life in prison.
Judge David Strong issued his ruling Thursday morning, a day after the defense asked for a mistrial because Brookhaven police Detective Vincent Fernando acknowledged under oath that he did not give the prosecution or defense a videotaped statement police had taken from Gibson.
“The failure to turn over matters in discovery is just something that can’t be ignored,” Strong said Thursday. “In 17 years, I don’t think I’ve ever seen it happen.”
“But it happened here,” Strong added. “And with great reluctance, the court has no choice in this matter but to grant the motion for a mistrial.”
Gibson’s mother, Sharon McClendon, left the courtroom after the decision was announced.
Gibson has said he believed the Cases pursued him because he is Black. He said he was wearing a FedEx uniform when he dropped off a package at a house in Brookhaven on Jan. 24, 2022. He said he was not in a FedEx truck but in a Hertz van that FedEx had rented, with the rental company’s markings on the sides. As he was leaving, he said, a man in a white pickup truck began following him closely while honking his horn. Gibson said he drove past a couple of houses and encountered a man standing in the middle of the road with a gun pointed at him. The man was mouthing the word “stop,” Gibson said.
District Attorney Dee Bates told the majority-white jury this week that Gregory Case used a pickup truck to try to block the van from leaving, and Brandon Case came outside with a gun.
As Gibson drove the van around the pickup truck, his van was shot at, Bates said. He said three rounds hit the delivery van and some of the packages inside. His account of events matched what Gibson previously told NBC News.
Gregory Case’s attorney, Terrell Stubbs, told jurors that his client saw a van outside his mother-in-law’s unoccupied home and was concerned. He said Gregory Case went to check what was happening and had planned only to ask the van driver what was going on, but the driver did not stop, Stubbs said.
The judge ended Wednesday’s court session early because Fernando acknowledged under oath that he had not previously given prosecutors or defense attorneys a videotaped statement. The jury was not in the courtroom when he disclosed this.
“The bottom line is, this file should have been turned over to the D.A.’s office prior to the indictment and by file, I mean the entire file, including a video recorded statement of the victim, which was also requested by the defense to the D.A.’s office,” Strong told Fernando on Wednesday. He added that Bates acknowledged the request had been made and said that he had been told it didn’t exist.
“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,” Strong said. He asked Fernando whether he understood that he was required to turn the entire file over to the district attorney’s office in order for Bates to be able to prosecute the cases.
Fernando responded, “Yes.” Asked by the judge who had possession of the video, Fernando said he did. The judge questioned him as to whether there was any way for the prosecution or defense to know about it. “You understand how the system doesn’t work when that happens?” Strong asked Fernando, who responded, “Yes, sir.”
The judge instructed him Wednesday to go through his file and make sure that everything in it is in possession of the district attorney and the defense counsel. The Brookhaven Police Department did not immediately return a request for comment.
The defense had asked for a mistrial, arguing that Fernando violated multiple rules while on the witness stand. He made statements that were excluded in the trial, including about shell casings he had found. The judge said the district attorney was not at fault because he did not believe Bates knew the videotaped statement existed.
“He’s told me that, and I believe that,” Strong said Wednesday.
A representative from Bates’ office said a new trial will be scheduled. Attorneys for Brandon and Gregory Case did not immediately return requests for comment. Both men remain out on bond.
Carlos Moore, Gibson’s attorney in a civil lawsuit, expressed disappointment and frustration Thursday.
“It is concerning that BPD withheld a potentially crucial piece of evidence, and I concur with District Attorney Dee Bates, the withheld evidence necessitated a mistrial,” he said. “We believe that this is not an isolated incident but a part of a larger pattern of obstruction by the BPD.”
Moore said he would ask the Justice Department’s Civil Rights Division to investigate the police department’s conduct in the case for potential obstruction of justice.
“We are hopeful that the Department of Justice’s involvement will help shed light on this serious matter and ensure that justice is served,” he said.
Moore has previously said he believes police were not thorough in the investigation and questioned why it took almost 10 months for Gregory and Brandon Case to be indicted.
Brookhaven is about 55 miles south of the state capital, Jackson. The population of Brookhaven is 59.5% Black and 39% white, according to the most recent census data.
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
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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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