An affidavit obtained in Durham, North Carolina, provides new details in the shooting death of 5-year-old Khloe Fennell. Fennell and 15-year-old Destiny Sidberry were shot multiple times on July 5 at a residence on N. Guthrie Avenue. Sidberry survived her injuries. Police initially responded to the house for a reported overdose call but immediately recognized the odor of gunpowder upon arrival, according to the affidavit used to establish probable cause for a search warrant.
Brian Deshan Luster, 42, has been arrested and charged with Fennell’s murder and the attempted murder of Sidberry. Luster made the initial 911 call, claiming he was “dying” and that his “cousin gave him something.” Gunshots were heard shortly after Luster provided the address. When officers arrived, they found Luster holding Sidberry in a headlock, and she informed them that she had been shot. Another child, identified as Fennell, was found deceased in a separate room.
Sidberry, who suffered approximately seven gunshot wounds, was transported to Duke University Medical Center in critical condition but has since recovered. During an interview with investigators, Sidberry stated that Luster had been staying at the home and exhibited strange behavior before retrieving a handgun. Luster allegedly told them that he was dying and they were coming with him before firing at Sidberry, Fennell, and a toddler who was later found unharmed.
A black Taurus 9mm handgun was discovered on the kitchen floor, and a neighbor reported seeing Luster acting strangely outside the home and making threatening statements before hearing gunshots. Luster, when interviewed, claimed not to remember shooting the girls. He stated that he had gone to a methadone clinic that morning and had consumed a small amount of liquor but denied using any illegal drugs.
Luster has a history of criminal convictions, including assault with a deadly weapon and misdemeanor assault with a deadly weapon. Other charges against him were later dismissed.