In a grim case of sibling violence on Milwaukee’s southwest side, a Milwaukee County jury on Wednesday found Brandon Smith guilty of first-degree reckless homicide in the Feb. 26, 2025, shooting death of his brother, Justin Smith, inside a home near 47th and Stark. The verdict came at the end of a trial in Milwaukee County Court. Smith is scheduled to be sentenced on June 5, 2026.
What the jury heard
Prosecutors told jurors that the shooting grew out of Brandon Smith’s mistaken belief that Justin Smith had been in an intimate relationship with Brandon’s ex-wife, according to FOX6. The station reports that jurors returned their verdict Wednesday after weighing witness testimony alongside the criminal complaint.
Scene details from court files
Court records and the criminal complaint state that Milwaukee police were dispatched early on Feb. 26, 2025, to a reported shooting near 47th and Stark, where officers found Justin Smith with a gunshot wound and a hammer lying on the floor near him, according to Wisconsin Circuit Court Access. Investigators recovered two firearms from the residence, and a woman who lived in the home told detectives she had hidden the defendant’s gun, then showed officers where it could be found.
Defendant's account and motive
According to the criminal complaint available through Wisconsin Circuit Court Access, Brandon Smith told police he believed his brother was monitoring him through his cellphone and that he feared being ambushed. The complaint also notes that a person inside the house identified one individual by saying, "this is the one that hurt the other one," a detail recorded in the court documents.
What the charge means
Under Wisconsin law, first-degree reckless homicide is a Class B felony that carries a potential maximum sentence of up to 60 years in prison, with the exact term to be set by the judge after pre-sentence reports are prepared, per FindLaw. The offense is codified in Wis. Stat. §940.02.
Next steps
At Smith’s June 5 sentencing hearing, prosecutors and defense attorneys will be able to submit pre-sentence materials and present victim impact statements to the judge. The criminal complaint and court docket, which can be viewed through Wisconsin Circuit Court Access, formed a key part of the prosecution’s case and are expected to play a central role at sentencing.
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