Mayor: It would ‘not be proper’ to comment on mistrial

Published 3:00 pm Monday, August 28, 2023

Brookhaven’s mayor says it would “not be proper” for him or other elected officials to comment on the recent mistrial of Gregory and Brandon Case.

On Tuesday, Aug. 15, the trial of the two Brookhaven men accused of shooting at a FedEx driver began in Lincoln County Circuit Court. Father and son Gregory and Brandon Case, both white, were charged with the attempted murder of D’Monterrio Gibson, who is black, in January 2022. The case gained national interest quickly, with public accusations of racism against the defendants, as well as claims of racism against the City of Brookhaven, its leaders and its police department, when the case was not quickly settled. A lawsuit was also filed in U.S. Federal Court against the city.

Just two days later, on Aug. 17, a mistrial was declared after a BPD detective referenced in open court a video interview that both the District Attorney and defense attorneys said they had not received in discovery, and also made more than one statement on matters previously ruled inadmissible.

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“It is my understanding the U.S. Federal Court case against the City of Brookhaven by the alleged victim has been dismissed by the Federal judge, with prejudice,” Mayor Cox said. “Other than that, as an elected official, it would not be proper for me or my colleagues to comment on a Circuit Court state matter still active in our judicial system which has not be resolved. This FedEx case continues and it will be concluded in the proper manner through our judicial system in which we have our utmost trust.”