Three men sent to prison for their role in a Middletown shooting that injured five people in 2007 have been indicted for murder because a victim in the incident died.

DeMarco Conley, 26, died in Pittsburgh last December, but because of autopsy and police work the indictment was delayed.

Gabriel Smith, 33, who is serving a 21 year sentence, faces an additional 28 years to life if he is found guilty of murder, according to Assistant Prosecutor Brad Burress. Shadeed Barnett, 35, and Teray Marshall, Jr., 23, each were sent to prison for 11 years on felonious assault charges. They each face a possible 18 years to life if they are found guilty of murder. All three have gun specifications attached to the murder charges and Smith has an additional charge for being a repeat violent offender.

At least five people were injured in the shooting that broke out at 3:30 a.m. Sept. 19 at the Townhomes West apartments, following an earlier altercation at the former Grand Illusion bar on Grand Avenue. Conley, who was unarmed, suffered the worst injuries with a bullet wound to his lower torso.

Middletown Police Lt. Scott Reeve said it took some time after Conley died to have his body returned from Pennsylvania to perform the autopsy.

“We had to show that the death was a result of the gunshot wound that occurred years ago,” he said. “After we got the autopsy results, there was really no big hurry on it because the guys we were going to charge are in prison for years.”

A jury deadlocked on the case of a fourth gunman, Terry Fuller, 32, of Middletown. In exchange for his guilty plea in an unrelated case, Burress said they agreed not to prosecute him for murder if Conley died. He pleaded guilty to escape, having weapons under a disability and a felonious assault was merged. Sage sentenced him to 13 years in prison.

The new cases were assigned to Judge Keith Spaeth, but Burress said there may be motions to switch it to Sage, since he is familiar with the case. No arraignments have yet been scheduled.