A Suffolk grand jury on Wednesday indicted a man who was shot in the head by a retired police officer as the man allegedly attempted to steal a dog box from former officer’s yard.

Quamaine Lassiter was indicted on a felony charge of grand larceny and a misdemeanor charge of entering property with intent to damage in connection with the incident.

Police say that just before 3 a.m. on Jan. 13, retired police officer Charles A. Duck was awakened by the sound of his dog barking at his Whitemarsh Road home. He looked outside and saw a man attempting to load a dog transport crate from his yard into the back of a pickup truck.

Duck retrieved a gun and yelled at the man through the window to move to the front of his vehicle. The man in the yard jumped into his truck through the passenger door, while Duck fired several shots at the vehicle.

At about 3 a.m., Lassiter arrived at Sentara Obici Hospital by personal vehicle with a gunshot wound to the head. He said he was shot by someone passing him in a vehicle as he walked along Lake Kennedy Drive and has repeatedly denied he was in Duck’s front yard, according to the Commonwealth’s Attorney’s office.

The bullet lodged under Lassiter’s scalp and did not penetrate his skull. Doctors have advised against removing it, so it cannot be compared with Duck’s gun. The suspect’s truck, with bullet holes in it, was found in front of Lassiter’s girlfriend’s house.

Commonwealth’s Attorney C. Phillips Ferguson declined to press any charges against Duck for the shooting.