Charges dropped against Carlton Berry, first suspect charged in Lone Star College shooting

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by KHOU.com staff & Associated Press

khou.com

Posted on January 28, 2013 at 9:24 AM

Updated Tuesday, Jan 29 at 12:51 PM

HOUSTON – All charges have been dropped against Carlton Berry, the man who was first accused in the shooting on the campus of Lone Star College.

The shooting happened Jan. 22 at Lone Star College’s North Harris County campus. Berry was wounded in the shooting and was arrested shortly after the gunfire that led to a campus-wide lockdown.

Berry appeared in court Monday morning along with Trey Foster, the second man charged in the shooting. Both are 22 years old.

“I’m out, I’m good, it is what it is,” Berry said.

It was originally thought that Berry was the only shooter, and that he accidentally shot himself while putting the gun back in his pants.  Last week Harris County Sheriff Adrian Garcia publically called Berry responsible for the shooting. Now he says it was the charges that forced the truth out of Berry, who would not talk to investigators before they were filed.

“I’m not going to apologize, I owe him no apologies, this is an investigation that is still in progress,” he said. “Until this case is ultimately adjudicated it remains an open investigation.”

Investigators now believe the incident happened after someone bumped into Foster, and he became upset and allegedly opened fire. Foster was captured Friday in Plano and a gun was recovered. Foster is charged with resisting arrest and two counts of aggravated assault with a deadly weapon. He’s being held on $100,000 bond. If released, he must wear a GPS and can’t go within 1,000 feet of the school or victims’ homes.

Foster’s family said he only had the gun because he had been recently threatened and was scared.

“Because he had been shot in the face in a prior shooting, as a victim he got the gun to protect himself,” said Quanell X.

Quanell X said the gun was legally purchased.

None of this matters much to the family of Jody Neal, another man who was shot during the altercation.

“At the end of the day nothing warrants anybody shooting somebody as many times as he did,” said Debra McGregor, Neal’s aunt.

Neal’s family said Foster was the aggressor and no matter what he had no business with a gun on campus.

“They have over 100 police officers at Lone Star College. He could have reached out to any of them at any time and said I had a fear for my life,” McGregor said.

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