Houston prosecutors have dropped charges against a man who was arrested on suspicion of assault during a shooting at a local college after it was determined he was a victim and not a perpetrator, officials said on Monday.
Carlton Berry, 22, was arrested on two counts of aggravated assault with a deadly weapon after the disturbance at Lone Star College on Jan. 22. On Monday, the charges were dropped, Sara Kinney, a spokeswoman for the Harris County district attorney's office, told the Los Angeles Times by telephone.
Assault with deadly weapon charges are pending against Trey Foster, who was being held in lieu of $100,000 bail. Foster, 22, was arrested on Friday at a friend’s house in Plano, Texas.
A witness had initially identified Berry as being with Foster and being a shooter, so police charged Berry, Kinney said.
However further “investigation confirmed that there was only one shooter,” Kinney said, explaining why the charges were dropped.
“In the end Berry was a victim and not a shooter,” she said.
Berry was shot in the leg. He was treated at a hospital and released last week.
The shooting apparently resulted from an argument between Foster and another person who bumped into Foster. The dispute escalated into a shooting incident.