Posted: Jan 24, 2013 5:07 PM by AP
HOUSTON (AP) - A shooting at a Houston-area community college that wounded three people erupted when two men began arguing after bumping into each other, according to court documents released Thursday.
One suspect was arrested on Tuesday, the day of the shooting, and a second was charged the next day. Although officials declined to name the second suspect, a probable cause affidavit identified him as Terry Foster. Authorities said Foster - who is charged with two felony counts of aggravated assault - has not been arrested.
According to the affidavit, one of the three people injured in the shooting - Jody Neal - told investigators that a man later identified as Foster shot him after the two argued.
While the affidavit provided more details about what led to the shooting, questions remain about the role of the other suspect - 22-year-old Carlton Berry - who was also injured. Officials said they are still trying to determine how Berry was shot in the leg and whether he at any point fired the handgun that was used. The gun remains missing. Berry also has been charged with two counts of aggravated assault.
"They are still trying to interview all the witnesses to be able determine what they know about where the weapon was and who was holding the weapon," prosecutor Alison Baimbridge said.
A maintenance worker for the college, Bobby Cliburn, 55, was standing nearby and was shot in the leg. All three people who were shot are expected to recover from their injuries.
According to the affidavit, Berry and Foster, whom Berry referred to as "Trey," were on the campus in north Houston about noon on Tuesday, when a man, later identified as Neal, 25, bumped into Foster, 22, and an argument ensued.
The three parted ways, but 30 minutes later, Berry and Foster saw Neal again. Baimbridge said she didn't know if Neal knew Berry and Foster before Tuesday's incident.
"Berry stated that Foster had been telling him that they were going to fight," according to the affidavit.
Foster and Neal began arguing near a doorway to the Academic Building and at some point Foster began shooting at Neal, who was wounded in the abdomen and leg. Officials have said at least 10 shots were fired.
The affidavit does not say who shot Berry and Cliburn. It says that after being shot, Neal ran into the campus library, located next to the Academic Building, and then collapsed.
Witnesses reported seeing one person flee on foot after the shooting, the affidavit said.
"Mr. Neal initially identifies Mr. Berry as the person who actually shot (him). After further investigation, it was determined that Mr. Neal identified Mr. Berry as being involved in the shooting but that the shot that actually hit Mr. Neal was shot by the second suspect," Baimbridge said.
Berry had a Lone Star College ID but officials are still determining whether he or Foster were enrolled at the school. Neal was pursuing his GED. Charges were not expected to be filed against Neal, the Harris County Sheriff's Office has said.
A woman whose name has not been released also received medical treatment after the shooting for what was believed to be an anxiety attack.
Berry, who is under police supervision at a Houston hospital, is to make his first court appearance next Wednesday. He faces a total bond of $60,000.
Berry's attorney, Luci Davidson, did not immediately return a telephone call Thursday seeking comment.