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.
Judge David Strong issued his ruling Thursday morning, a day after the defense asked for a mistrial because police did not turn over all evidence. The disclosure came to light during the testimony of Brookhaven police Detective Vincent Fernando.
. 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.
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. "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 him to be able to prosecute the cases.
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 it existed.Carlos Moore, Gibson’s attorney in a civil lawsuit, expressed disappointment and frustration Thursday.
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