The suspect allegedly called the shooting accidental, while the surviving woman told investigators he entered her bedroom and opened fire.
INDIANAPOLIS — Court-record accounts are providing new details about what investigators say happened before a west-side Indianapolis shooting that killed a 33-year-old man and wounded his girlfriend, including differing descriptions of the gunfire from the surviving woman and the man police arrested.
Bertony Theagene, 50, was taken into custody after the Aug. 31 shooting at the Mariners Village Apartments in the 3000 block of Bayside Drive. Police say the woman who was wounded is Theagene’s former girlfriend and the man who died was her new boyfriend. The identities of the two victims had not been publicly released in the available reports by Thursday.
According to accounts of court records, Theagene acknowledged firing the gun but told investigators the shooting was an accident. He also allegedly said he brought a firearm to the apartment because he did not know whether the other man would be armed and wanted the ability to protect himself. Those statements are part of the investigation and do not establish what ultimately happened.
The surviving woman’s account described a more direct confrontation. She told authorities that Theagene rushed into her bedroom and began shooting, according to reports based on the court records. Investigators have not publicly released a full transcript of either account or disclosed all of the physical evidence collected from the apartment.
The shooting was reported shortly before 1 a.m. Officers with the Indianapolis Metropolitan Police Department responded to the Bayside Drive complex and found the woman and the 33-year-old man with gunshot wounds. Both received emergency medical treatment. The man was taken to a hospital, where he later died. The woman survived.
Police initially described the case as a disturbance involving people who knew one another. The investigation quickly shifted into a homicide case after the man’s death. Authorities have not indicated that they believe the shooting was a random attack or that there was an ongoing danger to residents of the surrounding apartment complex.
As officers worked at the scene, one officer spotted Theagene beneath a set of stairs, according to police accounts cited in local reporting. Investigators allege he had a firearm and attempted to turn it on himself, but the gun malfunctioned. He then surrendered to officers.
Police say Theagene made additional statements after his arrest, including comments indicating that he expected to face a lengthy prison term. Those statements, along with the surviving woman’s account, are allegations described in investigative records. Their significance would be evaluated with other evidence if the case proceeds through court.
Theagene was booked into the Marion County jail in connection with murder and attempted murder allegations and was reported held without bond. Local reporting said the Marion County Prosecutor’s Office was reviewing the case for formal charging. The filing of an allegation or criminal charge does not establish guilt, and Theagene is entitled to contest the state’s evidence in court.
The case now centers not only on the fatal outcome but also on how investigators and prosecutors assess the competing accounts of the moments surrounding the shooting. Authorities had not publicly released additional witness statements, a detailed evidence inventory or other information resolving Theagene’s claim that the gunfire was accidental.
As of Thursday, the available reports did not announce the deceased man’s identity or a further update on the woman’s recovery. Theagene remained in custody while the investigation and prosecutorial review continued.
Author note: Last updated Sept. 3, 2026.