(PAOLI ) - 31-year-old John Henry Rutherford, of Orleans, will not face reckless homicide charges in the shooting death of his wife Jody Rutherford.
Rutherford agreed to plead guilty to pointing a loaded firearm in a pre-trial diversion agreement.
Rutherford was arrested the night of June 16th. According to an Indiana State Police report, just before 6 p.m. police received a 911 call of a shooting at the Rutherford home in the 100 block of North Franklin Street in Orleans.
When police arrived they found 37-year-old Jody Rutherford had been shot with a shotgun.
Rutherford told police he was showing a 12-gauge shotgun to some young men when he negligently discharged the gun killing his wife.
Jody was pronounced dead and John was arrested. The children who resided at the home were placed with other family members. Rutherford later bonded out of jail.
According to Orange Circuit Court documents the pre-trial diversion agreement will be in effect for one year. The prosecution will dismiss the charge of pointing a loaded firearm upon completion of the agreement - if Rutherford complies with all specified terms.
Rutherford was ordered to pay court fees associated with the pre-trial diversion and is to notify the prosecuting attorney of any change in address or employment.
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