Judge declares mistrial in trial of two men charged with shooting at FedEx driver

(BROOKHAVEN, Miss.) — Judge David Strong, Jr. declared a mistrial on Thursday in the case involving a father and son charged with attempted murder for shooting at D’Monterrio Gibson — a Black FedEx driver in Brookhaven, Mississippi — the driver’s attorney confirmed to ABC News.

The judge’s ruling came after a police detective serving as a witness in the case shared information previously undisclosed to the legal teams involved in the trial.

Carlos Moore, Gibson’s attorney, told ABC News that the mistrial was declared after the defense requested it.

Brandon Case and his father, Gregory Case, were each charged with attempted first-degree murder, conspiracy and shooting into the vehicle that Gibson was driving on Jan. 24, 2022.

Gibson was not injured, but his van and some packages were struck with several bullet holes, according to a police report obtained by ABC News dated Jan. 25. 2022. Gibson and his supervisor at FedEx filed the report.

According to the Brookhaven municipal court, attorneys for the Cases entered not-guilty pleas on their behalf.

Their attorneys did not immediately respond to ABC News’ request for comment.

The Cases were initially charged with aggravated assault, but the charges were upgraded to first degree attempted murder in November 2022.

Gibson, who previously spoke out in a Good Morning America interview about the shooting, said he was driving around trying to find the correct address – and finally figured it out. He said once he left the package, Gregory Case attempted to use his pickup truck to stop him from leaving the neighborhood.

“He tries to cut me off and like instantly, my instincts kicked in. I swerved by him,” he told GMA in an interview on Feb. 13, 2022.

As he tried to drive away, Gibson said he saw Brandon Case in the middle of the road pointing a gun at his delivery van.

“When he got past him, the guy started shooting towards his vehicle. The back of his vehicle was hit several times,” Carlos Moore, Gibson’s attorney, told ABC News on Feb. 12, 2022.

Moore told ABC News ahead of the trial, which began on Tuesday, that Gibson is still out on paid leave at FedEx.

This is a developing story. Please check back for updates.