Attorneys make opening arguments to start Case trial

Published 6:37 pm Tuesday, August 15, 2023

Attorneys make opening arguments to start Case trial

By Hunter Cloud

The Daily Leader 

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BROOKHAVEN — District Attorney Dee Bates started the Case Trial with his opening arguments following jury selection Tuesday afternoon. Attorney Terrell Stubbs made an opening argument on behalf of his client Gregory Case. Brandon Case’s attorney Dan Kitchens opted to defer the opening argument concluding the first day of trial. 

Gregory and Brandon Case were indicted by a grand jury on counts of attempted murder, conspiracy of murder and shooting into a motor vehicle. D’Monterrio Gibson was allegedly shot at by the Cases while he worked as a FedEx delivery driver. 

Bates said he plans to show that Gibson worked for FedEx for six months before the incident and he was driving a 2021 Hertz rental van and working for FedEx when the incident occured on January 24, 2022. 

Gibson was looking for the address 417 Junior Trail but put in the address 427 Junior Trail. He found the mailbox for 417 and delivered the package, Bates argued. After that he goes back to the vehicle where he notices a white truck later discovered to be driven by Gregory Case blocking him. 

Bates argued Gibson was terrified and drove around Gregory’s truck when he came upon Brandon Case flagging him down with a gun pointed at him. At this point, Gregory is behind Gibson and Gibson goes around. 

Shots were fired and three rounds struck the back of the van. One casing was recovered, Bates said. 

Stubbs made his opening argument for Gregory Case saying Gibson was working for FedEx but no one had been told the company was using rental vans to deliver packages. Gregory Case saw a van pull in on Junior Trail drive and go to his mother-in-law’s unoccupied home and he drove down to see what was going on. 

“It is dark, completely dark,” Stubbs said. “Gregory Case decides to stop him. Gibson decides he isn’t going to stop as Greg tries to cut him off to ask what is going on. Gibson doesn’t stop. Brandon gets out of his truck trying to get him to stop and has to jump in the ditch to avoid being hit. It was completely dark when this happened. Someone was in the wrong place that night and it wasn’t our clients.” 

At a press conference before the trial, Gibson’s attorney Carlos Moore said his client came an inch from losing his life. Moore maintained his client was doing his job delivering packages. 

More than a year later, Gibson is continuing to move forward in recovering from the traumatic experience. Moore said his client has gotten counseling but has not been able to return to work. 

“He is on workers comp and still he takes it day by day. It continues to be an ordeal for him,” Moore said.  “We have a chance to have justice and righting a wrong.” 

Gibson is supposed to testify Wednesday. The trial will resume at 9 a.m. at the Lincoln County Courthouse in Brookhaven. Check back for more updates throughout the trial.