*(CNN) — A mistrial was declared Thursday in the case of a White father and son charged with attempted murder of a Black FedEx driver who said he was chased and shot at while delivering packages in Brookhaven, Mississippi, last year.
Circuit Judge David Strong’s decision followed the defense attorneys’ motion asking for a mistrial, citing a video not being turned over to the prosecution or defense by the Brookhaven Police Department, according to Carlos Moore, attorney for D’Monterrio Gibson, the driver.
The defendants, Gregory and Brandon Case, face charges of attempted murder, conspiracy to commit first-degree murder, and shooting into a motor vehicle, according to court documents.
CNN has reached out to the Brookhaven Police Department for comment.
“A mistrial represents not just an administrative setback but also a delay in justice for Mr. Gibson and his family,” Moore said in an official statement. Moore said it was “concerning that BPD withheld a potentially crucial piece of evidence” and he agreed withholding that evidence “necessitated a mistrial.”
“We remain committed to seeking justice for D’Monterrio Gibson and ensuring that the legal process is fair, transparent, and accountable,” Moore said.
CNN has reached out to attorneys for Gregory and Brandon Case for comment. Gregory is Brandon’s father.
CNN also has reached out to District Attorney Dee Bates for comment.
Gibson told CNN he was delivering packages to a home around 7 p.m. on January 24, 2022, when he saw a white pickup truck coming from the house behind it.
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