RALEIGH, N.C. (WNCN) – A report from the North Carolina Medical Examiner’s Office is shedding light on the moments leading up to the death of 5-year-old Khloe Fennell. The report says a Durham teen tried to shield Fennell and a baby using her own body during the shooting.

Fennell was born with a heart condition and underwent multiple surgeries and numerous other procedures at a very young age, according to a message from her family on a fundraiser page to help with funeral expenses. Brittany Dash, Fennell’s mother, told CBS 17 that she wants the community to know how much of a fighter her daughter was.


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According to the medical examiner’s report, 42-year-old Brian Deshan Luster called 911 around 1:45 p.m. on July 5. Luster told dispatchers he believed he was suffering an overdose. The report said dispatchers overheard an argument take place between Luster and his 15-year-old cousin, later identified as Destiny Sidberry.

The report says after the argument, Luster went into another room and grabbed a gun belonging to Fennell’s mother. Police said Luster then shot at Sidberry who was babysitting Fennell and another 18-month-old relative.

According to the report, Sidberry pushed the baby into a closet and tried to shield Fennell with her own body. Sidberry survived the seven shots fired into her body.

When officers arrived, they said they found Luster choking Sidberry. The report said she screamed at an officer that she’d been shot. Documents said Luster charged the officer and the two wrestled before he was taken into custody.

When EMS arrived, they found Fennell was suffering from multiple gunshot wounds. Both she and Sidberry were taken to the hospital.

An autopsy report showed Fennell was shot five times. She died of her wounds.

Luster was arrested and is being charged with first-degree murder, attempted first-degree murder, and possession of a firearm by a convicted felon.