Capital murder charges dropped because of 'mistaken identity'

HOUSTON (FOX 26) - A case of mistaken identity has caused capital murder charges to be dismissed against one of two men initially charged in the shooting deaths of two people at a northeast Harris County apartment complex, a spokesman for the Harris County District Attorney's Office has confirmed to FOX 26 News. 

Although details of the dismissal of charges against Jeremy Jones, 28, will be explained during a likely HCDAO news conference on Friday, his brother Harvey, 34, is still charged with aggravated assault with a deadly weapon in the shooting that also left four other people critically injured, one of them a former "America's Next Top Model" competitor. 

Jeremy and Harvey did appear in probable cause court on Thursday morning after they were taken into custody.

Harris County Sheriff's Office deputies and homicide investigators arrived to the Haverstock Hills Apartments on Aldine Bender Road on Sunday night following the reported shooting. At the complex, deputies and investigators found the body of 31-year-old Gary Rusher with five other people wounded. Christopher Beatty, was taken to Lyndon B. Johnson Hospital where he later died.

Homicide investigators learned that there was an argument between the victims and a resident. A few minutes after the argument, investigators say the suspects arrived on the property in a white four-door vehicle.

Harvey Jones retrieved a semi-automatic rifle and from the trunk and pointed at the victims, according to a statement released by HCSO.

After the shooting, the suspects traveled away from the crime scene in the vehicle.

Anyone with information about the shooting are encouraged to contact the Harris County Sheriff's Office Homicide Unit by phone at 713-274-9100 or Crime Stoppers of Houston at 713-222-8477 (TIPS).