Video shows Fort Worth man accused of murder didn’t shoot victim, attorney says

A gunman stepped out of the front passenger side of a car and shot another man in a parking lot on East Berry Street last week, a video of the shooting shows.

The man who was shot later died at a local hospital.

But the attorney for Avery Colter, who was booked into jail Tuesday and faces a charge of murder in the case, said Wednesday that his client is innocent.

“Avery Colter did not commit that murder,” said Lex Johnston of Fort Worth, Colter’s attorney, in a telephone interview Wednesday. “That is not him in the video. He’s not in the car.”

Police did not release any other information on Wednesday.

“Our homicide unit is still actively investigating this incident,” said Officer Ivan Gomez, a police spokesman, in an email Wednesday. “We are not releasing anymore information for the time being to protect the integrity of the investigation.”

The video obtained on Wednesday by the Fort Worth Star-Telegram shows new details of the shooting that left 28-year-old Tony Austin Jr. dead on May 21.

The video shows a car pulling into the parking lot of Ace Auto Repair & Tire in the 1300 block of East Berry Street.

The gunman stepped out of the car on the front passenger side at about the same time Austin got out of the back seat on the other side of the same car.

The shooter fired at Austin, who collapsed.

Within seconds, the shooter got back into the car and someone drove the car away, according to witnesses and the video. The driver never got out of the car and wasn’t visible in the video.

Austin died from a gunshot wound to the head, according to officials with the Tarrant County medical examiner’s office. His death was ruled a homicide.

No other injuries were reported.

Police have released few details and have not commented on a motive for the shooting.

Police responded to the shooting shortly before 12:30 p.m. May 21. The video has a time stamp of 17:21 — or 5:21 p.m. Johnston said he believes the time on the camera was not set properly.

Detectives collected surveillance video from nearby businesses for leads on the gunman.

Colter remained in the Tarrant County Jail on Wednesday in lieu of $200,000 bail on the murder charge.

He was booked into jail on the day he was scheduled for a court hearing in an unrelated case.

Colter was scheduled to be in Criminal District Court No. 396 in Fort Worth at 9 a.m. Tuesday in an Arlington case. He had been out of jail on $75,000 bond.

Colter was charged with engaging in an organized and terrorist threat against a public servant in Arlington.

Related stories from Fort Worth Star Telegram