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Judge declares mistrial in case against father and son accused of attempted murder of FedEx driver

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A Lincoln County judge declared a mistrial in the case of a white Brookhaven father and son accused of chasing and shooting at a Black FedEx driver last year.

The ruling came Thursday during the third day of the trial of Brandon Case and his father Gregory Charles Case, who were charged with attempted first-degree murder, conspiracy and shooting into a delivery van that D’Monterrio Gibson drove as he delivered packages Jan. 24, 2022.

Judge David Strong ended yesterday’s court session early because Brookhaven Police Detective Vincent Fernando said under oath, while the jury wasn’t in the courtroom, that he hadn’t previously given the prosecuting and defense attorneys a video statement police took from Gibson after his encounter with the Cases, AP reported

“In 17 years, I don’t think I’ve seen it,” Strong said Thursday about the errors.

As of late Thursday morning, Strong had not issued that ruling in writing.

Attorney Carlos Moore, who represented Gibson, said it was concerning that the police withheld a potentially crucial piece of information, which necessitated a mistrial.

“I share the deep disappointment and frustration expressed by Circuit Judge David Strong over this development,” Moore said in a Thursday statement. “A mistrial represents not just an administrative setback but also a delay in justice for Mr. Gibson and his family.”

He has asked the U.S. Department of Justice to look into the Brookhaven police’s conduct as potential obstruction of justice.

During opening statements Monday, District Attorney Dee Bates told jurors Gibson was driving  a rental van with the Hertz logo on three sides when he dropped off a package at a home on a dead-end road. 

That was when Gregory Case drove a pickup to try and block Gibson from leaving, and his son came outside with a gun, Bates said. Three rounds hit the van as Gibson drove around the pickup.

The elder Case’s attorney told jurors he saw a van outside his unoccupied mother-in-law’s house and went to see what was happening. He wanted to ask the van driver what was happening, but the driver didn’t stop. The sun had set and Case thought someone was in the wrong place, the attorney said.

Gibson, who was 24 at the time of the incident, was not injured in the shooting.

Moore, who also represented Gibson in a federal lawsuit, has compared what happened to his client to the killing of Ahmaud Arbery, a 25-year-old Black man who was chased by three white men and shot while exercising in 2020.

U.S. District Judge Daniel Jordan on Aug. 10 approved motions to dismiss the $5 million lawsuit against FedEx, the city of Brookhaven, its police chief and the Cases last week. He said  Moore failed to prove the company discriminated against Gibson based on race, according to court records. 

AP reported that Moore said he plans to sue in state court. The attorney added that Gibson is still a FedEx employee and is currently out on workers’ compensation leave.

“We remain committed to seeking justice for D’Monterrio Gibson and ensuring that the legal process is fair, transparent, and accountable,” Moore said in the Thursday statement.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

‘The pressure … has gotten worse:’ Facing new charge, Tim Herrington will remain in jail until trial, judge rules

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mississippitoday.org – Molly Minta – 2025-02-27 12:17:00

‘The pressure … has gotten worse:’ Facing new charge, Tim Herrington will remain in jail until trial, judge rules

OXFORD — A judge denied bond Thursday for the University of Mississippi graduate who is accused of killing Jimmie “Jay” Lee, a well-known member of the LGBTQ+ community in this north Mississippi college, and hiding his body. 

Lafayette County Circuit Court Judge Kelly Luther made the decision during Sheldon Timothy Herrington Jr.’s bond hearing, which was held on the heels of the discovery of Lee’s body. Despite the finding, the prosecution also announced that it would not seek the death penalty, just as it had declined to during last year’s trial that resulted in an 11-1 hung jury. 

“The pressure on Mr. Herrington has gotten worse,” Luther said. “The justification for not showing up is about as high as it can get. The only thing higher is if the state had said ‘we’re gonna seek the death penalty.’”

Though Herrington, a son of a prominent church family in Grenada, had previously been out on bond, he will now remain in jail pending trial. The prosecution recently secured a new indictment against Herrington for capital murder and hiding Lee’s remains, which were found in a well-known dumping ground in Carroll County, 19 minutes from Herrington’s family home, wrapped in moving blankets and duct tape and hidden among mattresses and tires. 

Lee was found with a silk bonnet, which evidence shows Lee had worn when he returned to Herrington’s home the morning he went missing on July 8, 2022. 

Herrington’s new counsel, Aafram Sellers, a criminal attorney from the Jackson area, said he was too new to the case to comment on the possibility of a plea deal. But he made several pointed arguments against the state’s move to revoke Herrington’s bond, calling it an attempt “to be punitive in nature when the presumption still remains innocent until proven guilty.” 

Before making his decision, Luther asked the prosecution, who had previously agreed to give Herrington a bond in 2022, “what’s changed since then?” 

Lafayette County District Attorney Ben Creekmore responded that the state now had more evidence, when previously, the case “was mostly circumstantial evidence.” 

“Now they want to hold us to that same agreement when the situation has changed,” Creekmore said. “We tried the case. … Everyone knows it was an 11-1 finding of guilt on capital murder.” 

“It’s not a no-body homicide this time,” he added. 

This prompted Sellers to accuse the prosecution of attempting to taint a future jury, because the court had not established the jury’s split. 

“Just because it’s on the internet doesn’t mean it’s a fact,” Sellers said.  

Prior to discussing Herrington’s bond, Luther heard arguments on Sellers’ motion to dismiss Herrington’s new charge of evidence tampering for hiding Lee’s body. Sellers argued the charge violated the statute of limitations because law enforcement knew, by dint of not finding Lee’s body at the alleged crime scene, that evidence tampering had occurred, so Herrington should have been charged with that crime back in 2022. 

“If there is a gun here that is a murder weapon and I walk out of here and leave and they never find it, but they know a murder happened in this courtroom, they know I moved evidence on today’s date,” Sellers said. “It’s not hard to contemplate that.” 

This led Luther, who said he was not prepared to rule, to ask both parties to provide him with cases establishing a legal precedent in Mississippi.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi private prison OK’d to hold more ICE detainees

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mississippitoday.org – Mina Corpuz – 2025-02-27 11:41:00

Federal immigration officials will soon be able to house an additional 250 people at a privately run prison in the Delta. 

Tennessee-based CoreCivic announced Thursday that it has entered contract modifications for the Tallahatchie County Correctional Facility in Tutwiler, which has held U.S. Immigration and Customs Enforcement detainees for years.

“We are entering a period where our government partners, particularly our federal government partners, are expected to have increased demand,” Damon T. Hininger, CoreCivic’s chief executive officer, said in a statement. “We anticipate additional contracting activity that will help satisfy their growing needs.”

The 2,672-bed facility already houses Mississippi inmates and some pretrial detainees, out-of-state inmates including those from Vermont and South Carolina and U.S. Marshals Service detainees, which includes immigration detainees.

On Thursday, CoreCivic also announced contract modifications to add a nearly 800-detainee capacity at three other facilities it operates: Northeast Ohio Correctional Center, Nevada Southern Detention Center and Cimarron Correctional Facility in Oklahoma. 

The company also operates the Adams County Correctional Center in Natchez, which is holding the largest number of ICE detainees, averaging 2,154 a day, according to the data collected by the Transactional Records Access Clearinghouse and reviewed by Axios.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Ocean Springs homeowners file appeal challenging state’s blight laws

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mississippitoday.org – Alex Rozier – 2025-02-27 10:10:00

Ocean Springs homeowners on Wednesday appealed a federal court’s decision to dismiss their lawsuit against the city. The dispute stems from the city’s 2023 proposed urban renewal plan that would have permanently labeled some properties as “slum” or “blighted.”

While later that year the city voted against the plan after receiving public pushback, as the Sun Herald reported, the plaintiffs maintain that the state code behind the city’s plan violates their constitutional right to due process. They also argue that there’s nothing stopping the city of Ocean Springs, whose mayor, Kenny Holloway, supported the plan, from reintroducing the idea down the road.

Property owner Marie Cochran poses for a portrait after expressing her concerns with Ocean Springs’ proposed Urban Renewal Plan on Tuesday, Oct. 3, 2023. Credit: Eric Shelton/Mississippi Today

In January, U.S. District Judge Taylor McNeel granted the city’s motion to dismiss the lawsuit, saying the appropriate way to contest the urban renewal plan was by appealing to their locally elected officials.

“This is somewhat evident by how the Plaintiffs’ complaints to their elected leaders have resulted in their properties being removed from the urban renewal area,” McNeel wrote in his opinion. “In a way, the Plaintiffs have already won.”

Under Mississippi law, cities are not required to notify owners of properties that they label “blighted,” a distinction that doesn’t go away. On top of that, those property owners only have 10 days to challenge the designation, a limitation that doesn’t exist in most states, an attorney for the plaintiffs told Mississippi Today in 2023. In 2023, property owners whose land was labeled “blighted” in the Ocean Springs urban renewal plan didn’t know about the designation until months later.

A sign that expresses opposition to Ocean Springs’ proposed Urban Renewal Plan is seen in the front yard of a home in Ocean Springs, Miss., Tuesday, Oct. 3, 2023. Credit: Eric Shelton/Mississippi Today

While Holloway, who also owns a real estate and development company, maintained that the city never wanted to forcibly take anyone’s property, a “blight” designation would have allowed the city to do just that through eminent domain.

The nonprofit Institute for Justice represents the five homeowners and church that filed the suit in Wednesday’s appeal to the 5th U.S. Circuit Court of Appeals.

“Mississippi governments cannot brand neighborhoods as slums in secret,” Dana Berliner, an attorney at the institute, said in a written statement. “Obviously telling a person about something when it’s too late to do anything is not the meaningful opportunity to be heard that the U.S. Constitution’s Due Process Clause requires.”

The nonprofit said it plans to make oral arguments in the New Orleans court later this year.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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