Shooter reaches plea agreement after killing a man over a dog

An Indianapolis man charged with murder after fatally shooting a Southside neighbor over a dog has reached a plea agreement and will serve no prison time, the Marion County prosecutor's office said Wednesday.

Albert Rogers, 26, was initially charged with murder in the shooting death of Josh Tucker, 31. A June 5 confrontation between the two men, both armed, ended with Tucker being fatally shot with his gun still in his holster, a court document said.

Rogers pleaded guilty to a lesser charge of aggravated battery. He was sentenced to 10 years of home detention with one year of probation to follow, according to a plea agreement filed by Deputy Prosecuting Attorney Kevin Potts earlier this month.

"Prosecutors agreed to the plea after new information was presented after charges were filed," said Peg McLeish, communications director for Marion County Prosecutor Terry Curry. "A strong self-defense claim was presented on the lead charge, and the findings of the autopsy changed after the charges were filed."

The pathologist, McLeish said, initially told detectives that the fatal shot entered the victim's back and exited his chest. But in the autopsy report that was finalized after the charges were filed, the pathologist reported the opposite, saying the fatal shot entered the victim's chest and exited his back, McLeish said.

A probable cause affidavit obtained by The Star said that disagreements between the two began on May 29 when Rogers shot at Tucker's dog while Tucker was out walking the block with his puppy. Police investigating the incident said that Rogers had a gun permit and shot at Tucker's dog because he feared for his life. The dog was not injured.

Tucker later bought an invisible fencing system to restrain his dog. Upset by the amount of money he had to pay, he took a stake post sign that notified passers-by of the fence and stuck it into Rogers' yard, the affidavit said.

When Rogers found the sign in his yard, he drove to Tucker's home in the 1300 block of Edgecombe Avenue to confront him, the affidavit said.

Rogers wanted Tucker to come to his house to fight, witnesses told investigators, but Tucker said he would fight on his property.

Rogers later told police that he told Tucker he didn't want any trouble and began to walk back to his car where his fiance and children were waiting for him. That's when Rogers said he saw Tucker take out a gun and point it at him, so he fired several shots, killing Tucker.

Tucker's gun was recovered from the scene. It was holstered, with the safety on and no rounds chambered.

Call Star reporter Michael Anthony Adams at (317) 444-6123. Follow him on Twitter: @MichaelAdams317.