HOUSTON (AP) — Prosecutors on Monday dropped charges against a 22-year-old man who authorities initially believed was involved in a shooting that wounded him and two others at a Houston-area community college.
Carlton Berry was arrested soon after the Jan. 22 shootings at Lone Star College and charged with two counts of aggravated assault with a deadly weapon.
But authorities later accused another man, Trey Foster, 22, of being the shooter. Foster has been charged with two counts of aggravated assault and faces a charge of resisting arrest in an earlier case. He was arrested Friday in the Dallas suburb of Plano.
Investigators say the shooting happened after 25-year-old Jody Neal bumped into Foster while Foster was walking with Berry. Foster and Neal argued but went their separate ways. When the two ran into each other 30 minutes later, they argued again and Foster fired at Neal, wounding him in the abdomen and leg. Authorities say at least 10 shots were fired. Berry was wounded, and a maintenance worker for the college, Bobby Cliburn, 55, was hit in the leg.
The shooting caused panic among students and led to a campus lockdown.
Prosecutor Alison Baimbridge said that in the interest of justice, authorities have dropped the charges against Berry.
“I think as with any investigation, the more work that is done, the more witnesses that are spoken with, the more evidence that is collected and tested, I think once you do all of that, you are better able to determine who was where, what actually occurred. Once you put all of that together you see the bigger picture,” Baimbridge said after a court hearing in which the charges against Berry were formally dropped.
Berry’s attorney, Robert A. Jones, said his client should not have been charged in the first place and should not have been jailed because the evidence showed he was a victim. Berry was shot in the left hip, which Jones said was an indication that Berry might have been facing away or running away from the shooter.
“He said that continually, whenever (authorities) talked to him, that he didn’t do anything. But that wasn’t enough. Then they started their investigation based upon his statement and they realized he didn’t do anything,” Jones said.
Berry was expected to be released from the Harris County Jail later Monday, and Jones said he just wants to go home.
Foster made his initial court appearance Monday. He is being held on bonds totaling $100,000, and if he posts them, a judge ordered him subject to GPS monitoring and a curfew.
Quanell X, a community activist who is a spokesman for Foster’s family, said Foster told him Berry had nothing to do with the shooting. Berry and Foster apparently knew each other from school.
“It was inappropriate and wrong for Trey to have a pistol on campus,” he said.
Quanell X said Foster legally bought the .40-caliber handgun authorities say was used in the shooting at a sporting goods store in Houston. Foster took a class for a concealed handgun license but had not completed the process to get a license, he said.
Quanell X said Foster bought the gun to defend himself after he was shot in the face a couple of years ago and had recently been receiving threats. Quanell X said Foster panicked during the shooting.
“He was very remorseful and sorry that innocent people got shot,” he said.
Also On Black America Web:
This Week’s Celebrity Instagrams (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
1 of 31
2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
2 of 31
3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
3 of 31
4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
4 of 31
5. ✨True love ✨📸: @jessiemarrerophotography
5 of 31
6 of 31
7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
7 of 31
8 of 31
9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
9 of 31
10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
10 of 31
11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
11 of 31
12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
12 of 31
13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
13 of 31
14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
14 of 31
15. #FBF Naviyd & URV "LIL MONSTERS"
15 of 31
16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
16 of 31
17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
17 of 31
18. Had a great time this morning with my familia Erica, Griff & Truth!!
18 of 31
19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
19 of 31
20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
20 of 31
21. Bae #retailtherapy
21 of 31
22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
22 of 31
23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
23 of 31
24. Diggy Simmons
24 of 31
25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
25 of 31
26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
26 of 31
27. 💋 .. When the friendship is easy like Sunday morning. ☀️
27 of 31
28. Sunday mornings are the best........... hugs and cuddles with my angel
28 of 31
29. #huggar16 #hellohuggars
29 of 31
30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
30 of 31
31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
31 of 31