The Harris County district attorney's office has dropped charges against one of the brothers arrested in the Haverstock Hills mass shooting over the weekend.

The DA's office is calling it a case of "mistaken identity."

Jeremy Jones, 28, and Harvey Jones, 34, surrendered overnight and appeared in court Thursday morning.

Jeremy had been charged with capital murder, but late Thursday those charges were dismissed. Harvey Jones remains jailed on a charge of aggravated assault with a deadly weapon.

Jeremy Jones remains in custody after a "no bond hold" was placed on him by Brazoria County for another warrant.

Two people were killed and four others were injured in the shooting at the Haverstock Hills apartment complex in northeast Houston Sunday evening.

During the reading of the probable cause statement, a judge heard how one of the victims died on scene after he was shot in the head and leg. The second victim died at a hospital after he was shot in the back and leg.

Related: Neighbors demand change after six people shot at apartment complex

Homicide investigators say the suspects were involved in an argument with a group of men who were sitting on some stairs leading to a second floor unit at apartments.

Harvey Jones allegedly got a semi-automatic rifle from his vehicle's trunk and pointed at the victims.

Investigators initially said it was Jeremy Jones who then pointed the rifle and fired, striking all six victims with multiple gun shots. Now it's not clear who fired the shots.

Detectives collected 22 spent .233 caliber shells and discovered several more .223 live rounds of ammunition in the parking lot near building six.

Investigators say they’re still talking to people and more arrests are possible.