A second suspect accused of being involved in a fatal shooting in a Berry Street parking lot was arrested Wednesday in Fort Worth, according to jail records.
Damorian M. Allen, 26, of Fort Worth, was booked into the Fort Worth Jail on Wednesday afternoon, accused of being involved in the shooting death of 28-year-old Tony Austin on May 21.
Allen is charged with murder, but police did not comment on his role in the killing. They have released few details and have not commented on a motive for the shooting. But according to a police department memo obtained by the Fort Worth Star-Telegram, Austin’s death is one of 10 recent shootings, including three homicides, that are connected to an ongoing gang feud.
Video obtained by the Star-Telegram shows Austin step out of a car in the parking lot of Ace Auto Repair & Tire on East Berry Street.
A gunman who was in the same car as Austin can be seen exiting the front passenger side and firing a handgun, appearing to shoot Austin in the head, according to the video. Austin, who had just gotten out of the car, collapsed in the parking lot.
Avery Colter, 27, of Fort Worth, was the first person arrested and called a suspect in the case, but his attorney told the Star-Telegram that Colter was not the man seen shooting Austin in the video.
An arrest warrant for Colter says he wasn’t the one who shot Austin, but the warrant said “he did commit the offense of felony murder.”
But Colter is no longer facing that murder charge, according to jail records and his attorney on Thursday.
Colter instead faces charges of deadly conduct and unlawful possession of a firearm, said Lex Johnston of Fort Worth, Colter’s attorney, in a Thursday telephone interview.
“It’s good a detective took a good look and did not charge him (Colter) with murder,” Johnston said Thursday. “It was obvious he didn’t commit it.”
The warrant for Colter gave this brief account of the shooting:
About 12:15 p.m. on May 21, a 2016 Chevrolet Malibu with Texas license plates arrived at Ace Auto Repair & Tire in the 1300 block of East Berry Street. A man walked out of a maintenance bay and talked to the driver and a back seat passenger, but later walked back into the business.
Austin, who was the back seat passenger, got out of the Malibu, armed with what appeared to be a handgun in his right hand.
At about the time Austin got out of the car, another Malibu with temporary tags pulled into the parking lot. A passenger in that second Malibu, later identified as Colter, got out of the car and exchanged words with Austin.
During the argument, another unidentified man got out of the front passenger door of the car Austin had been in. That man fired a handgun over the top of the car toward the Malibu with temporary tags, but the shot appeared to hit Austin in the head. Austin collapsed and dropped his handgun, according to the warrant.
The unidentified man who had first opened fire shot again toward the Malibu with temporary tags. He then got back in the car, which accelerated in reverse out of the parking lot and drove away.
As the unidentified man was shooting, Colter ran through the parking lot and appeared to turn and try to shoot back at the car that Austin had been sitting in, the warrant says. Colter didn’t immediately shoot back because the car he had exited from was in between him and the other shooter.
Colter later moved behind a truck and fired three times, the warrant says. He then ran to the alley of the business, where the Malibu with temporary tags picked him up and drove away.
A witness told detectives that Colter was the man who had gotten out of the Malibu with temporary tags and argued with Austin, leading to the exchange of gunfire.
Colter was in the Tarrant County Jail on Thursday in lieu of $96,000 bail.
Allen was in the Tarrant County Jail on Thursday in lieu of $250,000 bail. Along with the murder charge, Allen is being held on a charge of aggravated assault with a deadly weapon, according to jail records..