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.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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