You remember the FedEx employee who two white males, a father son duo, tried to murder, tried to kill. He runs for his life. He's in the truck trying to get away, right? [00:00:15] They're trying to kill him. FedEx, they decide to put the young man back on the same route. He said, hell no. They just tried to murder me. Let's put it up for a mass. There's a $5 million suit against [00:00:35] FedEx after men shot at him. DMontero Gibson is the black former FedEx driver from Mississippi who had two white males shoot into his work van. [00:00:53] Two shot into his work van. They also pursued him in a high speed chase. This was last year. We covered it on indisputable. He's now filed a new lawsuit against the men and his former employer, FedEx. [00:01:11] As the Associated Press reports, this is the second civil suit filed on behalf of Gibson. It seeks at least $5 million. While Gibson was not wounded during the encounter that took place in 2022. FedEx made him return to work on the same route and [00:01:28] that caused him to have depression, stress, anxiety, loss of sleep, and emotional pain and suffering, according to the lawsuit. FedEx spokesperson Austin Kimker said in the statement Wednesday to the AP, quote. [00:01:45] Our top priority is always the safety and well being of our employees. FedEx denies the allegations and will vigorously defend the lawsuit. The case's alleged conduct is deplorable, US District Judge Jordan wrote, [00:02:01] but Gibson fails to state a viable claim against FedEx for which the court would have original jurisdiction. Let me explain that statement. Keep that statement up, okay? Because I've looked at the chatter on social media about this. The judge did not kick it out for it being a frivolous lawsuit. [00:02:19] As a matter of fact, the judge gave them a weekend of nod. And let me explain. The US District Judge Daniel Jordan said the alleged conduct is deplorable, all right? Who is he talking about? [00:02:35] He's talking about FedEx. He's talking about FedEx why? Because that's the crux of the lawsuit. And he's citing that the attorneys for Mr Gibson filed a claim in which the court [00:02:52] did not have original jurisdiction, which means the attorneys effed up, okay? That's what it means. They filed in the wrong court for the claim they were seeking and [00:03:08] they have to refile. So now this is your refiling proper. That's what happened. Brandon and case, excuse me, Brandon Case and Gregory Case, father son, are charged with attempted first degree murder. [00:03:28] Now if you remember, and we'll keep their pictures up if you remember when this first happened. They were not charged with attempted murder. We at indisputable call for those charges to be upgraded and many in the community agreed. [00:03:43] Those charges were upgraded to attempted first degree murder, conspiracy and shooting into Gibson's vehicle. Prosecutors say they intend to set a new date for a criminal trial after judge declared a mistrial this summer. [00:03:59] And once again, the irony of it, the judge declared the mistrial because the detectives had messed up. And if the judge would have allowed it to continue, it definitely would have been grounds for an appeal. [00:04:17] So I read the court docket back then when it happened. I agree with the judge declaring a mistrial so that there could be a clean conviction. But court records show that has not been done yet. The two men remain out on bond and that part is unfortunate. In August, State Circuit Judge David Strong cited police [00:04:35] errors as he declared a mistrial, police or detectives as he declared a mistrial in the criminal case of the father and son. After days of jury selection and testimony, a detective testified about failing to give prosecutors and [00:04:51] defense attorneys a copy of a videotape police interview with Gibson. Days after the mistrial, FedEx fired Gibson because he did not accept a part time non carrier job, carrier job at the company. They offered it to him or said. Gibson said he had been in therapy and on workers compensation [00:05:11] leave at about one third of his pay since shortly after the attack. So recap of the incident. Gibson was making FedEx deliveries in a van with the Hertz Rental car Company logo on three sides. This was allowable under the rules of FedEx, so [00:05:28] he was not in any compliance violation. After Gibson left a package at a home on a dead end public road, Gregory case used a pickup truck to try to block the van and Brandon case came outside with a gun. District Attorney Dee Bates said, now what does that sound like? [00:05:44] That sounds like how they killed Ahmaud Arbery down in Deep South Georgia. Father son duo trying to box the person in, basically kidnap, all right, and then execute the murder. [00:05:59] As Gibson drove the van around, all right, he drove the van around the pickup truck. He's trying to get away. Shouts are fired. They're trying to kill him immediately with three rounds [00:06:15] hitting the van and bullets also hit packages on the inside. He gets away, he lives. It is clear what happened. FedEx says, hey, Mr Gibson. [00:06:31] Hey, buddy, so glad you're alive. All right, so here's the thing. Here's the game plan. Tomorrow you're gonna go back on the same route. I want to ask you a question. Do you believe, let's say if a white female was in that same situation in a black community, that two black men just tried to murder her. [00:06:51] She goes back to FedEx. It is well documented what happened. Police report has been done. Investigation has been launched. Bullets are inside of the van. Do you think FedEx says, hey, way to go. Glad you're alive. [00:07:06] We're gonna put you back on that same route tomorrow. Hell no they would not even think of it. All right, we'll follow this case continually. Sharon, thoughts here. >> Speaker 2: Well, maybe you're being a little harsh, Doc. I mean, FedEx says they care about the safety of all their drivers. [00:07:24] That's what they another similarity. No charges at first, remember. >> Yeah. >> With Ahmaud Arbery and something about a tape not being turned over. This whole thing is pathetic and crazy and you're right. The white woman would also have been given accommodation, her full salary. [00:07:39] And maybe they would have put her on type of thing where she just went around speaking to affiliates in UPS store or something that's the competition. This is horrendous and horrific. It's just one more way of indicating that, hey, black man, you're not worth it. [00:07:54] >> Speaker 1: Yeah, I mean, this was one of those opportunities where they could have embraced this young man. They could have done right, would have received a ton of earned media from people like myself and others. They could have made themselves the example of what to do when [00:08:11] an employee faces harsh, extreme violence like this. Likely, obviously racially motivated, but they didn't. And so now they're getting the backlash to negative because of their own reaction to it.