Durham Man Pleads Guilty in 2023 Killing of 5-Year-Old Girl, Shooting of Teen Babysitter

A Durham man has pleaded guilty to shooting and killing his cousin's 5-year-old daughter and trying to kill the teenage babysitter who was watching her, more than three years after the gunfire erupted inside a home on North Guthrie Avenue. Brian Luster admitted to second-degree murder in the death of Khloe Fennell and attempted murder in the shooting of then-15-year-old Destiny Sidberry, resolving a case that had been tied up in pretrial disputes since his 2023 arrest.

According to WRAL, Luster is Brittany Dash's cousin, and Dash is Khloe's mother. Luster had been living with Dash and her family in Durham, and family members told WRAL in July 2023 that they had taken him in specifically to help him through a struggle with substance abuse. Dash also said her daughter had loved Luster before the shooting.

Police were originally dispatched to the North Guthrie Avenue home on July 5, 2023, for a reported drug overdose, not a shooting. Search warrants filed in Durham court and reported by WRAL that September detailed how officers arriving at the scene instead found Luster holding Sidberry, then 15, in what appeared to be a headlock inside a bedroom.

A 911 Call That Turned Into a Shooting

The warrants showed that Luster had called 911 himself, claiming he believed he was overdosing. Dispatchers on that call recorded him arguing with Sidberry before multiple gunshots rang out live on the recording, according to the warrant records cited by WRAL.

Investigators later learned Luster had visited a methadone clinic for opioid addiction treatment earlier that same morning. Per the warrants, Sidberry told police Luster said he “was dying and they were coming with him” before grabbing a 9mm handgun. Medical examiner records confirmed Khloe was shot five times and died from her wounds, while Sidberry survived after being shot seven times and choked, and was hospitalized in critical condition.

Amid the chaos, Sidberry pushed her 18-month-old cousin, Amir, into a closet to shield him from the gunfire, according to medical examiner and police warrant records. The infant was left physically unharmed. Sidberry had been babysitting both children while their mother was at work.

Years of Legal Wrangling Before the Plea

Luster has been held behind bars without bond since his arrest, and his case moved slowly through Durham County courts. Court records show his defense attorney filed a motion to suppress Luster's recorded post-arrest police interview, arguing he had not been properly informed of his rights; Luster claimed he only remembered calling 911 before waking up in a hospital.

WRAL reports that Luster has faced more than 50 charges since he turned 19, with a criminal record dating back to 2001. He is now scheduled to return to court on December 17 for sentencing.

What Luster Could Face at Sentencing

Under North Carolina General Statutes § 14-17(b), second-degree murder is a Class B1 felony carrying a presumptive minimum sentence starting at 192 months, or 16 years, and running as high as life imprisonment without parole depending on a defendant's prior record level. Attempted second-degree murder, classified as a Class B2 felony under North Carolina General Statutes § 14-2.5 and § 14-17, carries a standard active prison term ranging from 94 to 393 months depending on prior criminal history points. Where Luster's eventual sentence falls within those ranges will depend on how the state calculates his prior record level given his lengthy history of charges.

The killing of Khloe Fennell happened during a year when Durham recorded 45 homicides and 1,162 aggravated assaults, according to the Durham Police Department's 2023 annual report presented by Police Chief Patrice Andrews, as city leaders pushed efforts to address gun violence affecting children and families. Durham has continued to grapple with shootings involving young children in the years since, including cases Hoodline has covered involving a toddler shot near a babysitter and another where a bullet grazed a child inside an East Durham apartment complex.