BROOKHAVEN — Judge David Strong ruled against a motion by Erik Flountez Gardner’s defense for judgement notwithstanding the verdict and denied a motion for a new trial. Gardner was convicted of possession of a firearm by a convicted felon, trafficking of fentanyl (more than 40 dosage units), and aggravated trafficking of methamphetamine (more than 200 grams) by a Lincoln County Jury on February 5. 

Gardner’s defense attorney was back in the Lincoln County Circuit Court Tuesday asking for the judge to set aside the jury’s verdict. Strong said the court found there was overwhelming evidence to support the jury’s verdict and denied the JNOV motion and an alternate motion for a new trial. 

The case stemmed from a law enforcement detail in Brookhaven involving officers from the Mississippi Bureau of Narcotics, Brookhaven Police Department, and Lincoln County Sheriff’s Office. A weekend traffic stop in April 2023 and subsequent search of Gardner’s vehicle resulted in the seizure of the illegal narcotics.

Judge David Strong sentenced Gardner to 65 years in the custody of the Mississippi Department of Corrections, to serve the first 55 years day-for-day on February 5. A day-for-day sentence does not carry the possibility of parole.

Civil case 

Gardner filed a separate civil case against Lincoln County Sheriff Steve Rushing, Mississippi and Bureau of Narcotics officer Luke Henderson. Gardner filed a complaint for violation of his civil rights against Rushing, Henderson, Brookhaven Police Officer Penny Banks and lawyer Jerry Norton in the Southern District court of Mississippi. 

Under his complaint, Gardner alleged he had been deprived of his civil rights under illegal searching, miscounciling, false charges and neglect of health care. In regards to the drug case, Gardner alleged he had been targeted because he was “a man of color,” and he had not been treated fairly. He alleged further that Henderson had told him conflicting reasons for the traffic stop, first stating it was for a tag light being out and then for running a stop sign. 

He alleged Rushing had violated his civil rights during his stay at the Lincoln County Jail where he claims to have been denied health care for a broken foot. 

“I’ve talked to the doctor many times and I keep getting the same answer, ‘the jail won’t pay for surgery. I have to bond out,’” Gardner said in his complaint. “I am not getting the care I need here so I’m suing for pain and suffering.”

His complaint against Banks stems from an arrest in 2014 for “grand theft auto,” which Garnder stated never happened and there was not a police report. He further alleged he had been locked up 10 times since 2014. Gardner stated Norton gave him miscounciling in the cases in 2014 and 2023. 

In a petition of Habeas Corpus, unlawful detention, filed on Nov. 14, 2024, Gardner stated if Henderson was willing to drop the charges he would be willing to drop the lawsuit. Further in the petition, Gardner said he sought $1.5 million or have his case dismissed and all of his belongings returned. 

On January 31, 2025, Gardner’s petition was dismissed without prejudice because he had not exhausted all of his options in state court. According to a court order by Judge David Bramlette, Gardner was not entitled to federal pre-trial Habeas Corpus relief. 

Dismissal without prejudice means the plaintiff can refile the case.