Durham man accused of killing 5-year-old makes virtual court appearance following multiple delays

Tuesday, July 11, 2023
Man accused of shooting children appears in court
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Brian Luster, 42, appeared in court over a video monitor feed

DURHAM, N.C. (WTVD) -- The man accused of shooting and killing a 5-year-old in Durham last week finally made his first court appearance Monday.

Brian Luster, 42, appeared in court over a video monitor feed. He was supposed to make this appearance last week but kept having the date delayed because he was on a medical hold. He remains confined without bond and he will be using a court-appointed attorney.

Cameras were not allowed in the courtroom.

Durham Police said Luster was the man pulling the trigger when Khloe Fennell, 5, who was at home on North Guthrie Avenue with her two cousins, was killed. Her 15-year-old cousin Destiny Sidberry was babysitting Khloe and another cousin while Brittany Dash, Khloe's mother, was at work.

Family members said Destiny stepped in the way of the gunfire to shield the children.

Destiny was shot seven times, but encouragingly, was said to be improving at Duke University Hospital on Thursday night.

Luster is Dash's first cousin. Family members said Luster had been staying with the family as they tried to help him get through his battle with drug addiction.

RELATED: Mother of 5-year-old Khloe Fennell shares pain of losing daughter

Documents showed that Luster is charged with first-degree murder as well as attempted first-degree murder.

Another document showed Luster also charged with possession of a firearm by a felon.

The document showed Luster committed that offense in February 2010, and he was sentenced to more than four years behind bars.

Loved ones gathered Friday to mourn Khloe's death and show solidarity for Destiny as she fights to recover from her injuries.

Luster's next court date is July 27 but that could get moved up if he is indicted by a grand jury. Then his case would go to Superior Court.