One of the three Laurel men charged in a drive-by shooting that injured three teen-agers at a Columbia apartment complex last month will not be prosecuted, a Howard County assistant state's attorney said yesterday.

Prosecutors have decided to drop all charges against Phillip Nicholson, 20, of the 15600 block of Millbrook Lane because his actions "do not point to criminal conduct at this point," said Assistant State's Attorney Brendan Clary.

According to charging documents, police allege Nicholson was the back-seat passenger in a dark blue Lincoln Town Car driven by his cousin, Teon Nicholson, 24, when another passenger, Derek Powell, 21, began to fire at a group of young people standing on a Wilde Lake apartment complex parking lot on Daystar Court on May 14.

"Mere presence at the scene of a crime is not evidence of criminal liability," Clary said. Nicholson appeared to have been doing "nothing more than sitting in the back seat."

Attempted murder and other charges against Nicholson, who is free on $100,000 bond, are expected to be formally dropped within a few days, he said.

Meanwhile, a Howard County grand jury indicted Teon Nicholson and Powell yesterday on attempted murder, assault, reckless endangerment and gun charges.

Teon Nicholson of the 900 block of Fifth St. and Powell of the 11600 block of S. Laurel Drive are being held on $500,000 bond.

The shooting injured three teen-agers - Ryan Fassett, 18, Wendell Martinez, 16, and Tanelle Mitchell, 17.

Yesterday's indictment also names a fourth victim, Arnique Douglas. Clary said Douglas was on the parking lot during the shooting and investigators think he was "fired upon."

In other grand jury action yesterday, a 30-year-old Columbia woman was indicted on a charge of theft scheme in an embezzlement from Allegis Group Inc.

Investigators say that Tiffany F. Powers of the 9400 block of Kilimanjaro Road stole about $366,000 from the Columbia company while she was an employee in a scheme involving invoices for catering services paid to a fake company.