December 3, 2023
A former FedEx delivery driver is once again suing his former employer and the men whom he alleges shot at him during his delivery route.
A former Federal Express delivery driver is once again suing his former employer and the men whom he alleges shot at him during his delivery route. The civil suit filed on Nov. 20 by D’Monterrio Gibson’s lawyer, Carlos Moore, seeks $5 million in damages for Gibson, who according to the lawsuit, went through “depression, stress, anxiety, loss of sleep, and emotional pain and suffering.”
Gibson was allegedly attacked by father and son duo Gregory and Brandon Case as he attempted to make a delivery near their residences in January 2022. The alleged chase and gunfire led to accusations on social media that the town of Brookhaven fostered a climate of racism.
According to the Associated Press, Gibson took Gregory and Brandon Case to court earlier this year, but a judge declared a mistrial. In August, U.S. District Judge Daniel Jordan dismissed another lawsuit filed by Moore on behalf of his client. In his decision, Jordan wrote, “The Cases’ alleged conduct is deplorable, but Gibson fails to state a viable claim against FedEx for which the Court would have original jurisdiction.”
In the former case, Circuit Judge David Strong declared a mistrial due to issues with the way that the police handled their investigation. The grand jury, meanwhile, criticized the Brookhaven Police Department for being unprofessional, having a general lack of urgency in its investigation of Gibson’s allegations, as well as alleging that they engaged in a pattern of witness blaming.
Moore, Gibson’s attorney, compared the attempt by the Case family on his client’s life to the 2020 murder of Ahmaud Arbery, telling the outlet, “It seems to be a copycat duo copying off the Ahmaud Arbery case…They saw this man was a Black man, and they just hauled off and shot at him multiple times, at least the younger son did. The older guy tried to entrap him. They were working concertedly to try to entrap and kill this man. I mean, they shot at him several times. It’s amazing that he survived.”
FedEx, the Free Press reported, initially placed Gibson on unpaid leave, but following a national outcry, pivoted to paying his salary plus therapy costs. Gibson, meanwhile, questioned how the department ran its investigation, telling the Free Press in February, “They gave them too much time to hide evidence and to do other things, and they should have been on their case. They were too focused on worrying about what people thought about Brookhaven.”
Gibson continued, “Like even the (Black police) chief had emphasized that Brookhaven was not racist when that wasn’t even the object at hand.”
Gibson’s attorney recommended that the FBI and the Department of Justice investigate the crime allegedly committed against his client as a hate crime.
“We also call on the Department of Justice and the Federal Bureau of Investigation to do a concurrent investigation for federal hate crime,” Moore said. “We believe that this was a racially motivated crime. They clearly could see when he stepped out of the van that he was a Black man, and they chased this Black man who was in a white neighborhood because allegedly he was suspicious while he was doing this job with a clear FedEx uniform on.”
Moore added, “If that’s not racially motivated, I don’t know what is.”
A new trial is expected to be set for the Cases, who reported AP, currently stand accused of attempted first-degree murder, conspiracy, and shooting into the vehicle operated by Gibson. Previously, the pair were only accused of conspiracy and aggravated assault. It could take months before a new trial date is officially set.
Gibson told WLBT-TV that the process took entirely too long.
“It was an extremely long process to get this far into the case,” Gibson said. “I feel like most of the time, I was treated like a suspect rather than a victim.”
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