Bertony Theagene reportedly acknowledged bringing a gun to his former girlfriend’s home but disputed that he intentionally shot either victim.
INDIANAPOLIS, Ind. — An Indianapolis man charged with killing his former girlfriend’s new boyfriend and shooting the woman told police that both gunshots were accidental, creating a central conflict between his account of the encounter and the allegations prosecutors filed against him.
Bertony Theagene, 50, faces murder, attempted murder and burglary charges following the Aug. 31 shooting that killed 33-year-old Venel Emile and wounded a woman whose name has not been publicly released in the reports reviewed for this article. Police say Theagene went to the woman’s apartment armed because he wanted to confront her about another man being there. Theagene reportedly admitted bringing the firearm and acknowledged being present when both people were shot, but he denied that the gunfire was intentional.
His explanation to investigators began with the reason he went to the apartment. According to a probable-cause affidavit quoted in published reports, Theagene said he was upset that his former girlfriend had another man there and went to confront her. He told police he brought the gun because he did not know whether the other man might be armed and wanted to protect himself. That reported statement puts the decision to carry a gun before the confrontation, even as Theagene later maintained that he had not intended to fire it at either person.
Theagene reportedly said the first shot came during a struggle over the firearm. In his version, his former girlfriend tried to take the gun from him and it discharged accidentally. He gave investigators a related explanation for the second shot, saying Emile moved toward him and the gun again went off unintentionally. The reports reviewed for this article do not include testimony from a firearms expert or other forensic evidence resolving those claims, and no jury finding has been reported.
The woman who survived described the episode differently. She told police that she and Emile were lying in a bedroom when Theagene came into the apartment. According to her statement as summarized in court-related reporting, she got up to confront Theagene, who shot her before she could stop him. She said Emile then moved toward Theagene and was also shot. Her account describes Theagene as the armed intruder and attributes the shots to him during two confrontations inside the bedroom.
What happened immediately afterward supplied investigators with additional details about the encounter. Theagene left the apartment, according to the reports, and the wounded woman locked the door behind him. Authorities say he then tried to get back inside but could not. That sequence is separate from the question of exactly how the shots were discharged, but it became part of the chronology police used in seeking charges against him.
Officers had been called shortly before 1 a.m. to the 3000 block of Bayside Drive after a report of gunfire. They found the woman and Emile wounded and arranged for both to be taken to a hospital. Emile died from his injuries. The Marion County Coroner’s Office ruled his death a homicide, according to reporting cited in accounts of the case. The surviving woman was treated and later spoke with investigators. No report reviewed for this article provided a detailed public update on her recovery.
Theagene was located nearby rather than after a prolonged search elsewhere in the city. An officer reportedly found him beneath stairs near the apartment while he still had the gun. Police said he tried to shoot himself but the firearm malfunctioned, after which he surrendered. Theagene later acknowledged that episode in his interview, according to published accounts. He reportedly said he believed he was facing the prospect of spending the rest of his life in prison.
That statement after the shootings does not by itself establish what Theagene intended before or during the gunfire. His reported remarks must be considered in the context of the broader investigation, which includes the surviving woman’s description, the account of another witness and the physical circumstances documented by officers. The criminal charges likewise remain allegations unless proved in court. The publicly available reports reviewed for this article do not describe a confession by Theagene that he intentionally killed Emile or intentionally tried to kill his former girlfriend.
Another witness gave investigators information about what she heard as the disturbance unfolded. She reportedly woke to the sound of a family member yelling that Theagene was trying to kill her with a gun and then heard two shots. The witness later learned Theagene had left. Because the published account does not say the witness directly saw each discharge, her statement offers corroboration for the presence of a violent confrontation and two shots but does not independently settle Theagene’s claim that the gun fired accidentally.
The murder charge, however, shows that prosecutors did not treat Emile’s death simply as an unexplained firearm accident. The attempted murder charge similarly reflects the state’s accusation concerning the shooting of the surviving woman, while the burglary charge concerns the alleged unlawful entry into her home. Whether prosecutors can prove the required elements of those offenses is a question for the criminal process. The reporting reviewed here does not include a verdict, plea agreement or judicial finding of guilt.
The shooting occurred at an apartment complex on Indianapolis’ west side. A later homicide tracker also listed Emile, 33, as having died after the Aug. 31 Bayside Drive shooting. That broader record corroborates the basic time and place of the fatal incident, but the detailed allegations about what happened inside the apartment come primarily from the probable-cause account and reporting based on interviews with police and court records.
One unresolved issue is how a court will assess the difference between arriving armed for a confrontation and Theagene’s claim that the actual discharges were unintended. Another is how the surviving woman’s direct account will be weighed alongside Theagene’s statements and any physical evidence prosecutors present. The public reports available so far do not answer those questions, and they should not be treated as resolved before evidence is tested through the court process.
As of the initial reports, Theagene was being held at the Marion County Jail without bond. Law&Crime reported Sept. 3 that a jury trial was scheduled for Dec. 15. No later reliable report located for this article documented a conviction or a material change to that scheduled trial date. Until the case is adjudicated, Theagene is accused, not convicted, of the three crimes filed against him.
Author note: Last updated October 19, 2026.