District Attorney: Actual gunman in Lone Star College shooting still on the run

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by Michelle Homer & Nakia Cooper / KHOU.com & Malini Basu / KHOU 11 News

khou.com

Posted on January 25, 2013 at 8:59 AM

Updated Monday, Jan 28 at 11:19 AM

EDITOR'S NOTE: On January 28, Charges were dropped against Carlton Berry, the man who was first accused in the shooting on the campus of Lone Star College.  

 

HARRIS COUNTY, Texas — The man originally named as the gunman in the Lone Star College shooting didn't do it, according to court documents.

Deputies are searching for a man named Trey Foster, 22, who has been charged with aggravated assault in connection with Tuesday's shooting that left three people wounded.

>> UPDATE:  Foster is in custody and back in Houston. Click here for the updated story.

Carlton Berry, 22, faces the same charge and was named as the gunman on Tuesday, but court documents tell a very different story.

Berry identified his friend, Foster, as the shooter when police interviewed him at Ben Taub Hospital, where he's recovering from a gunshot wound. 

Berry said he and Foster were walking on campus when a man named Jody Neal bumped into Foster. Foster and Neal argued briefly, then went their separate ways. 

Thirty minutes later, Foster, Berry and Neal crossed paths again at the doorway of the Academic Building and the argument flared up again. That is when Foster pulled out a gun and started shooting, according to court documents.

Neal was shot in the abdomen and the leg. He ran to the library and collapsed.

Bobby Cliburn, a 69-year-old campus maintenance man, was an innocent bystander. He was shot in the leg.

”He just started shooting,” said Cliburn. “He didn’t waste any time.”

Before he had a chance to duck for cover, it was too late.

“I tried to duck in behind one of the columns and he got me before I could do it,” Cliburn said.

Berry was hit in the hip. Investigators initially said Berry shot himself in the buttocks when he tried to put his gun back in his pants, but now they're not so sure. The gun was never found.

Neal identified Berry as the shooter when he was being carried past him on a stretcher.

On Wednesday, authorities showed Neal a photo lineup with Foster. Neal identified Foster as the gunman, saying he made a mistake when he identified Berry earlier because Foster and Berry were both wearing red shirts Tuesday and they were together.

"Once everyone has time to reflect back and review photo spreads and remember what has occurred and review any photos or video surveillance, they are much better able to determine what they saw and who they saw do it," said Alison Baimbridge, Harris County Assistant District Attorney.

A manhunt is under way to try and track down Foster. He is not believed to be in the Houston area.

There is no word yet on whether charges against Berry will be dropped.

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