Inset: Bertony Theagene (Marion County Jail). Background: The area in Indiana where Theagene allegedly shot his ex and killed her new boyfriend (Google Maps).
A 50-year-old Indiana man is accused of killing his ex-girlfriend's new boyfriend, allegedly breaking into her home in the middle of the night, shooting her and the 33-year-old man she was in bed with, then fleeing the scene.
Bertony Theagene was taken into custody and charged with one count each of murder, attempted murder, and burglary in connection with the Aug. 31 slaying of Venel Emile, court records show.
Officers with the Indianapolis Metropolitan Police Department responded to a 911 call just before 1 a.m. at an apartment complex in the 3000 block of Bayside Drive regarding a report of shots fired, local NBC affiliate WTHR reported. Upon arriving, first responders found a man and a woman both suffering from gunshot wounds and rushed both to a local hospital for treatment.
The man, later identified as Emile, died from a gunshot wound to the abdomen a short while later, with the Marion County Coroner's Office ruling his manner of death a homicide, Indianapolis Fox affiliate WXIN reported.
The woman, whose identity is not being released, survived the attack, telling police that she and Emile were lying in the bedroom when Theagene barged into the apartment. She reportedly said she got up to confront him, but he shot her before she could stop him.
Emile then made a move toward Theagene, but the 50-year-old man fired again, striking Emile in the stomach before leaving the apartment. Theagene later tried to get back inside, but the girlfriend had reportedly locked him out.
Soon after the shooting, police found Theagene hiding beneath the stairs near the apartment. Police said he attempted to shoot himself in the head, but the weapon malfunctioned and he surrendered.
In an interview with police, Theagene claimed he went to his ex's home to confront her "about having another man over." He also asserted that he only had a gun for protection.
"He brought the gun over with him because he didn't know if the new boyfriend would be armed so he wanted to be able to protect himself," police reportedly wrote in a probable cause affidavit.
Asked about the shooting, Theagene reportedly claimed his ex-girlfriend tried to take the gun from him and it accidentally discharged while they were struggling. He maintained that shooting Emile was also unintentional, claiming the weapon went off when the other man charged at him, according to WTHR.
Theagene also acknowledged trying to kill himself after the shooting.
"He knew he was going to spend the rest of his life in prison and wanted to take the easy way out," he said, according to WXIN.
A separate witness told police she awoke during the disturbance and heard a family member yelling that Theagene was trying to kill her with a gun. The witness reportedly said she heard two shots before learning that Theagene had fled.
Theagene is being held at the Marion County Jail without bond, records show. His jury trial is scheduled for Dec. 15.
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