No Arrest Made in Sequoyah County Shooting, DA to Review Case

Posted on: 5:33 pm, November 13, 2012, by , updated on: 10:30am, November 14, 2012

A district attorney in Sequoyah County will decide if a man who shot and killed his brother near Muldrow Tuesday night will face charges or acted in self-defense.

Scott Fueston, 37, died at a Sallisaw hospital after he was shot in the upper torso by his brother at a home off Highway 64 between Muldrow and Sallisaw around 5:15 p.m., Sheriff Ron Lockhart said.

Deputies questioned the man’s brother who fired the shots, but Sheriff Lockhart said Wednesday his office did not “feel there was probable cause to make an arrest” in the case.

According to Lockhart, the shooter was in fear of Fueston and secured himself in the garage.

“Mr. Fueston was told by the brother to leave but instead kicked the garage door in,” Lockhart said.

Fueston’s brother fired one shot when he came through the door, striking him in the upper torso, according to Lockhart.

“The case will be submitted to the district Attorney office to confirm our findings,” Lockhart said.

Hillary Pastore, the shooting victim’s niece, was at the home Tuesday night when incident occurred. She says the situation got “out of control really fast.”

“I went to see what was happening and I seen them in the garage and they were fighting with each other and the next thing I know that’s what happened,” said Pastore.

Moments before someone inside the home called to report a disturbance.

“Dispatch was talking to the caller who was inside the residence,” said Lockhart. “While the deputy was in route the dispatcher overheard over the phone the shot being fired.”

An ambulance took Fueston to a Sallisaw hospital where investigators say he was pronounced dead on arrival.

Fueston’s brother was questioned as a “person of interest” Tuesday night, Sheriff Lockhart said. Deputies have not released his name.

Family members on the scene tell 5NEWS the brothers were fighting shortly before the shooting. Lockhart did not know why the two men were fighting.

Fueston was “unpredictable” and upset, according to family members.

Mike Phillips believes the alleged shooter, his brother, is innocent.

“He acted in self-defense,” said Phillips. “I mean he tried to save himself and the rest of my family and it turned out tragically.”

Deputies interviewed witnesses who were at the home at the time and processed evidence Tuesday night.

“God bless both of them,” said Pastore. “I love them and I wish I could have saved my Uncle Scott, but I didn’t have a chance to.”

Fueston’s body will be sent to the state crime lab.