Eyewitness News has learned that Kenneth Emmitt Jones, the brother of Jeremy and Harvey Jones, has been charged with capital murder.
The capital murder charge against Jeremy Jones was dropped on March 31. The Harris County DA's Office says the charges were dismissed because it was a case of mistaken identity.
Murder charges dropped for 1 brother arrested in shooting
Jeremy remains in jail for an unrelated charge of unauthorized use of a motor vehicle. Harvey is charged with aggravated assault with a deadly weapon.
Meanwhile, there is an active warrant for Kenneth. Authorities however, expect him to surrender.
Christopher Beatty and Wayne Rusher were identified by authorities as the victims who died in the shooting. Brandy Rusher, a former contestant on "America's Next Top Model," was one of the victims who were injured.
Deputies say one of the suspects used a semi-automatic rifle to gun down the six victims, deputies said.
He fired 15 to 18 rounds into the crowd before getting back in the car and leaving the area.
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