They've only been charged with conspiracy and shooting at a car. His lawyer wants them charged with attempted murder and hate crimes.
A Black FedEx worker has claimed he was chased down and shot at — and then told to continue working the same route the very next day.
D'Monterrio Gibson, 24, was making deliveries in Brookhaven, Mississippi on January 24, when he said two white men tried to cut him off, chased him onto the highway and opened fire.
A father and son, Gregory Case, 58, and his 35-year-old son Brandon Case were later arrested and charged only with conspiracy, and shooting into a motor vehicle, respectively. The driver's lawyer is demanding they be charged with attempted murder and hate crimes.
Gibson told AP he had just dropped off a package around 7 PM that day, and was turning his van around in the driveway when he noticed a white pickup truck pull out of another driveway; Gibson was wearing his FedEx uniform at the time; his van was a Hertz rental but had a logo magnet.
He said the truck zoomed over and tried to block him from exiting; he swerved around it, only to encounter a second man standing in the street with a gun, motioning for him to stop.
"I drive down about two or three houses and there's another guy standing in the middle of the street, with a gun pointed at my vehicle," Gibson said.
"I'm looking at him, like shaking my head, because why would I stop for somebody with a gun?"
When Gibson tried to leave, he said the man opened fire, striking the van, the bullets ripping through the packages inside.
He sped away — only to realize the white pickup truck was following him. He said the truck chased him as far as the interstate highway near Brookhaven before he lost them.
Gibson claims that when he called police, he was told they had already received a call about a suspicious person at that address — presumably him.
"I said, 'Sir, I'm not a suspicious person. I'm a FedEx worker. I was just doing my job and they shot at me,'" Gibson recalled.
When he told his managers about the incident, Gibson claims they told him to go back to the same route the next day.
"The following day, we had to go file a police report, and as soon as I was done filing a police report, they put me back on the same route," Gibson said, per WJTV.
"I did that for like a day or two until I started having real bad anxiety attacks, and I just couldn't do it anymore. I asked them for some time off, which I do have, but it's unpaid."
Gibson's attorneys appeared to be equally furious at the company's apparent lack of empathy as the prosecutors lack of charges.
"We want to give a warning to FedEx, because they're not out of this at all," lawyer Rodney Diggs told reporters.
"What's interesting is, after Mr. Gibson made these complaints to a supervisor — multiple supervisors — they didn't show any concern. In fact, what they wanted Mr. Gibson to do was complete his route. Complete his route, after he just almost lost his life. You have bullet fragments in the truck and in the car."
Diggs compared the situation to the Ahmaud Arbery case, another unarmed Black man who was chased down by a white father and son — but who did not escape with his life — calling it "racism at its highest height."
In a statement the company said: "FedEx takes situations of this nature very seriously, and we are shocked by this criminal act against our team member, D'Monterrio Gibson. The safety of our team members is our top priority, and we remain focused on his wellbeing. We will continue to support Mr. Gibson as we cooperate with investigating authorities."
Gibson's lawyers also lashed out at police and prosecutors, claiming the suspects were "undercharged" and the investigators are not taking the case seriously enough.
"This man is fully, gainfully employed by FedEx, doing his job, and still you haul off and try to chase him and cut him off and shoot him multiple times and kill him," fellow attorney Carlos Moore said. "It's sickening to be that hateful and that racist and that full of just malice just because of the color of his skin."
He added Thursday: "We have called for federal groups, the Department of Justice and the FBI, to immediately begin an investigation because we do believe the crimes were hate crimes and racially motivated. We have asked them to investigate and prosecute should the evidence warrant it."
According to the Daily Leader, Moore said the District Attorney has presented the evidence to the grand jury, who will decide if any more charges are warranted.
Last week Brookhaven Police Chief Kenny Collins — who is Black — pushed back against claims on social media the city was racist, and warned against anyone making inflammatory posts.
"We're not going to have outsiders coming in trying to stir that up," he told the publication. "Brookhaven is not a racist, prejudiced town. You can't judge a town by the actions of two individuals."
"People need to be careful what they post on social media," he added. "If somebody is killed or hurt because of what you post on social media, you will be charged, too."
Meanwhile on Friday, Moore announced that FedEx had finally agreed to pay Gibson — who'd been on unpaid leave ever since — his back pay.
Great news! @FedEx has finally checked on D’Monterrio Gibson and has reinstated his pay retroactive to January 31st. He will get paid for last week today! Thanks for calling them out for their insensitivity across the country! They now see the light and have agreed to do right! pic.twitter.com/ZpwYPYgLlH