Brother shot while protecting sister from man with samurai sword

CHATTANOOGA, Tenn. (WTVC) — A 43-year-old Chattanooga man faces attempted murder charges after police say he shot a woman's brother

An affidavit says the victim was trying to protect his sister from a man threatening her with a samurai sword, and that a young child watched his uncle get shot in the head.

The incident happened in the early morning hours on Sept. 17

Arriving officers found the victim, Trevor Bennett, lying in a driveway.

An ambulance rushed Bennett to the hospital. Right now, we don't know his condition.

Bennett's sister said her brother died trying to protect him from David J. Smith, a former boyfriend.

The report said Smith had shown up at the woman's home accusing her of sleeping with other men.

The woman told officers Smith had been drinking, and had been violent with her in the past.

He then left the home, but returned a short time later with what police later described as a katana, or samurai-style sword.

"Mr. Smith grabbed her by the throat,' the report says. 'He then told her if she's not going to be with him, then she's not going to be with anyone.'

At that point, she yelled for help, and her brother came running upstairs with a gun, demanding that Smith take his hands off of his sister.

A small child heard the arguing and came into the living room to investigate. He told officers he saw Bennett push Smith out the front door, arguing the whole time.

After helping his mother for a brief moment, the child ran outside.

He said when he got outside he saw David on his back, just a few feet away, shoot Trevor in the head who was standing over him,' the affidavit says.

The child told police he did not know how Smith got ahold of Bennett's gun.

Smith then fled the scene but police caught up with him the next day.

Smith is now charged with attempted first degree murder, 2 counts of aggravated assault and aggravated burglary.