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Man wrongly charged in Texas shooting released from jail

By Jim Forsyth

SAN ANTONIO (Reuters) - A man who police said was wrongly charged in connection with a shooting at a Texas community college last week, was released from jail on Monday after charges against him were dismissed.

Carlton Berry, 22, who was being treated in a jail hospital ward for injuries he received in the shooting, was released from jail on Monday afternoon, said Sara Kinney, a spokeswoman for the Harris County District Attorney's Office.

"All the charges against him were dismissed," Kinney said. "He is free to go."

No one was killed in the shooting on a campus of Lone Star College near Houston. But the incident raised national concern coming just over a month after the massacre of children at a Newtown, Connecticut, elementary school.

Berry was the first person charged after the January 22 shooting. He was charged with aggravated assault based on an erroneous identification of him as the shooter by a witness.

Police later charged a second person, Trey Foster, 22, in the case. Foster made his first court appearance on Monday. Jail records show he remains behind bars on two felony charges of aggravated assault with a deadly weapon and one count of misdemeanor resisting arrest.

The confrontation started after a third person, Jody Neal, bumped into Foster on the campus, police said. An argument erupted and officials say Foster fired 10 shots. Neal, Berry, who had gone to the library with Foster, and a college maintenance man were wounded.

Investigators originally thought Foster accidentally shot himself but have revised that to indicate that they now believe Foster shot all three men.

Foster was arrested on Friday in the Dallas suburb of Plano, and a gun, believed to be the weapon used in the shooting, was recovered, officials said.

(Reporting by Jim Forsyth; Editing by Greg McCune and Eric Beech)

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