Charges Against First Suspect in Lone Star College Shooting Drop - kcentv.com - KCEN HD - Waco, Temple, and Killeen

HOUSTON, TEXAS (KPRC) -- The charges filed against the first man arrested in the shooting at Lone Star College's North Harris campus have been dropped, prosecutors said.

Carlton Berry, 22, had been charged with two counts of aggravated assault with a deadly weapon. On Monday, prosecutors said those charges had been dropped.

A second man, the accused gunman, Trey Foster, 22, is facing two counts of aggravated assault. He was arrested in Plano, Texas, on Friday. Community activist Quanell X said Foster told him that Berry was not involved in the shooting. 

According to court records, Jody Neal, 25, bumped into Foster and they got into an argument. They parted ways, but 30 minutes later Foster, who was with Carlton Berry, 22, saw Neal again and they got into another argument, officials said. Berry told investigators that Foster then fired shots at Neal.

When asked why he got into a fight with Neal, Foster said, "Someone bumped me." He also told reporters that he knew Berry.

"What we had here was idiocy, stupidity," Sheriff Adrian Garcia said. "We had individuals who did not care about putting other people in harm's way. It was a ridiculous, adolescent confrontation that occurred."

At least 10 shots were fired, according to Garcia.

Quanell X said he spoke to Foster after his arrest. He said Foster told him that he didn't want to shoot anybody, but Neal threw a punch at him and he opened fire to defend himself.

"He just wanted me to say he's not some monster," Quanell X said. "He was not going to school looking for a confrontation, not looking for trouble, but he had his weapon on him because he had been shot before."

"He has indicated that he always carries a gun," Garcia said.

Relatives said Foster purchased the gun at Gander Mountain in Spring. He began taking courses to legally carry a gun, but did not finish them. However, Foster has a criminal history that includes charges of resisting arrest and possession of a prohibited weapon, which should have prevented him from purchasing a gun.

Relatives said Foster had been receiving threatening messages and snapped when the confrontation with Neal began.

Foster has a criminal history. He was convicted of possession of a prohibited weapon. At the time of his arrest, he was also wanted on an evading arrest charge. He was arrested last year and posted bond, but he never went back to court.

"Trey was on my bond for a couple months for resisting arrest," said Linda Traylor of Country Bonding. "I just think he's a kid that mixed up with the wrong crowd."

Quanell X said Foster told him that he had never met Neal before. Sources told KPRC Local 2 that Foster and Neal have police-documented affiliations with the Bloods gang.

Neal suffered gunshot wounds to his abdomen and leg. According to court records, Neal originally identified Berry as his shooter but later said he made a mistake and that Foster pulled the trigger.

A maintenance man, Bobby Cliburn, was nearby when the shooting occurred and was wounded in the leg. He was released from a hospital on Wednesday. According to Quanell X, Foster said he was sorry that Cliburn was wounded.

Berry was also shot. He was treated and booked into the Harris County Jail.

Quanell X said Foster told him that Berry did not fire any shots and that Berry did not know he had a gun.

"It's just heartache and pain," said Sharonda Felix, Berry's mother. "I want justice. My son is innocent and I want him released."

Foster is being held in the Harris County Jail with bond set at $100,000.