Alan Gibson and Travis Kingsberry

Case Background

Around 1:30 a.m. on January 9, 2009, Montrell Alston was shot and killed at his home in Henderson, NC as part of a botched robbery. Two men who were also in the house at the time told investigators that Alan Gibson had been at the house to buy marijuana from Alston. During the transaction, two masked men with guns forced their way into the house, saw Alston with a gun, shot him, and fled. Gibson was interviewed later that day and admitted to being at Alston’s house to buy marijuana, but denied having anything to do with the robbery and shooting.

Several days later, law enforcement interviewed Darius Benson and Jemel Bullock. They both denied being involved in the crime. Benson was interviewed twice more, in June and July 2009. At that point, he was incarcerated on unrelated charges, and he implicated himself, Bullock, Gibson, and “Travis from Boston.” Benson claimed that they committed the crime at the direction of Gus Hawkins, a local drug kingpin and leader of the E-40 gang. Benson said Gibson set up a drug deal with Alston, then Travis drove the four of them to Alston’s house in Travis’s car. According to Benson, Gibson went in first, followed by Travis and Bullock, while Benson served as the lookout. Benson said he ran when he heard gunshots.

Despite Benson’s incriminating statements, law enforcement did not charge anyone for more than four years. In September 2013, Travis Kingsberry was interviewed about the case for the first time and denied having any involvement. Eventually, in February/March 2014, arrest warrants were issued for Kingsberry, Gibson, Benson, and Bullock, charging each of them with murder, burglary, and assault with a deadly weapon.

Benson and Jemel Bullock (Bullock) both accepted plea offers from the State which gave them substantial concessions in exchange for their promise to testify “truthfully” at Mr. Kingsberry’s trial. On October 10, 2016, Bullock pled guilty to armed robbery in exchange for dismissal of all other charges. Although the DA expected that he would implicate all three codefendants in sworn proffer, Bullock testified that only he and Benson were involved in the crime, and Benson was the shooter.  His plea was honored, and he was sentenced to eight to ten years.

On February 23, 2017, Benson pled guilty to voluntary manslaughter in exchange for dismissal of his other charges and received a three-year sentence.

Gibson and Kingsberry were tried separately in March 2017 and May 2017, respectively. At both trials, Benson testified as the State’s star witness. No physical evidence ever implicated Gibson or Kingsberry, and at both trials, the defense presented Bullock’s sworn statement, which claimed that only he and Benson committed the crime. Despite Bullock’s statement and alibi witness testimony, Gibson and Kingsberry were both found guilty and sentenced to life without parole.

Center Involvement

The Center began investigating the case and interviewed Benson, who had already signed an affidavit saying Gibson had not participated in the crime. During the Center’s interview, Benson admitted that he and Bullock acted alone. He said he had been pressured by law enforcement to implicate Kingsberry and Gibson, and he wanted to set the record straight. Benson then signed another affidavit recanting his testimony in both trials.

Based on Benson’s recantation, the Center filed Motions for Appropriate Relief on behalf of Kingsberry and Gibson, and an evidentiary hearing was granted. At the October 2024 hearing, Kingsberry and Gibson each testified that they were innocent, and Bullock testified consistently with his 2016 proffer that only he and Benson were involved in the crime.

Before Benson took the stand to testify, the judge informed him that if he recanted his trial testimony, his plea agreement could be revoked and he could be recharged with the crimes that had previously been dismissed. The judge advised him that first-degree burglary carries a potential maximum punishment of 229 months in prison, assault with a deadly weapon with intent to kill, inflicting serious injury, carries a potential maximum punishment of 261 months in prison, and first-degree murder carries a potential maximum punishment of the death penalty.[1] The judge advised that he would appoint Benson counsel if he wanted to consult with an attorney before testifying.  Benson agreed, and the hearing was continued for two months.

In December 2024, the hearing resumed, and Benson took the stand. Benson testified that he signed the affidavits but claimed he did not read them before signing and denied that his trial testimony was untruthful. The Center’s investigator testified about his conversation with Benson and confirmed that Benson read and reviewed the affidavit before signing it. On January 10, 2025, the judge entered an order denying Kingsberry and Gibson’s MARs.

While Benson’s reversal is incredibly concerning, the Center is exploring all avenues and continuing to fight for justice for Kingsberry and Gibson.

[1] The case had previoulsy been declared non-capital so the death penalty was not an option.