Smith Co. man charged with shooting 3 people released from jail - KLTV.com-Tyler, Longview, Jacksonville, Texas | ETX News

Smith Co. man charged with shooting 3 people released from jail

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Mugshot of Jerry Gene Allen. (Photo Source: Smith Co. Jail) Mugshot of Jerry Gene Allen. (Photo Source: Smith Co. Jail)
SMITH COUNTY, TX (KLTV) -

A Smith County man, charged with shooting three people around a bonfire, has been released from jail.

In March, 57-year-old Jerry Gene Allen was arrested for firing his gun at a man and two women. The sheriff's office says all three people were injured and two of them had to go to the hospital. Monday, a judge granted Allen's motion to be released from jail. By law, a person usually does not have to stay in jail for more than 90 days if they have not yet been indicted on the charges they're facing.

The District Attorney's office says the Smith County Sheriff's Office didn't present the case to them until 86 days after Allen's arrest. Because there was no grand jury meeting within the next four days, the DA's office did not have a grand jury to present the case to before the 90 day deadline. "We can only present the case if we receive it from the agency in time to make the presentation. We have never missed presenting a case to a grand jury on time if we have it from an agency. We got this one 86 days after his arrest. We had no court grand jury meeting in the next four days. Had we had the case from the agency on time, the case would have been presented to the grand jury," says District Attorney Matt Bingham.

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