(PAOLI) - Formal charges were filed Thursday against 31-year-old John Henry Rutherford, of Orleans who was arrested on June 16 in the shooting death of his wife, 37-year-old Jody Rutherford.
According to Barry Brown, the special prosecutor in the case, Rutherford, 31, should be charged with reckless homicide, a Class C felony; criminal recklessness while armed with a deadly weapon, a Class C felony, and pointing a loaded firearm, a Class D felony.
Rutherford, who was released from jail after posting a $2,500 cash bond after the shooting and will remain out on bail until his next court day.
The court appointed David Smith of Bedford to represent him. No new court date has been set.
John Henry Rutherford (known as Henry) was arrested for reckless homicide following Jody Rutherford's death during the evening hours of June 16. Shortly before 6 p.m. that day, dispatchers with the Orange County Sheriff's Department received a 911 call of a shooting at 197 N. Franklin St. in Orleans. Officers responded and found that Jody Rutherford had been shot with a shotgun. Upon arriving at the scene, Indiana State Police officers learned that Rutherford was showing a 12-gauge shotgun to some young men when the gun discharged killing his wife.
Jody Rutherfor, who suffered a gun shot wound to the head, was pronounced dead at the scene by the Orange County coroner's office. John Rutherford was taken into custody at the Orange County Jail. The children who resided at the home - who, at the time, were 13 years, 4 years and 11 months old - were placed with other family members.
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