A deadly early morning confrontation inside a Milwaukee home ended with one brother dead and another now facing sentencing after a jury’s verdict.
MILWAUKEE, WI – A Wisconsin man has been found guilty of fatally shooting his younger brother after a dispute inside their family home escalated into violence, according to court records and local reports. Brandon Smith, 51, was convicted of first-degree reckless homicide in the death of 41-year-old Justin Smith following a trial stemming from the February 2025 incident.
The shooting unfolded in the early morning hours on the 4900 block of North 47th Street, where both men lived with their mother. Prosecutors said the violence followed accusations fueled by the defendant’s belief that his brother posed a threat to his safety.
Family account details escalating behavior
According to a criminal complaint, the brothers’ mother told investigators her older son “had become more paranoid” and was exhibiting mental health concerns in the months leading up to the shooting. She said he “does not leave the house and does not have a job” and believed his brother had been in “an intimate relationship with the Defendant’s ex-wife,” though she stated that was not true.
The complaint further states Brandon Smith “believed the victim was monitoring him through his cell phone and was going to kill the Defendant.” He also suspected an unknown man had come to the home to ambush him, though he “admitted he never saw anyone.”
At about 4 a.m., Brandon Smith accused his brother of plotting against him. Justin Smith “remained in his own room and would not engage in the argument,” their mother said, adding that only the three of them were inside the home.
Police were initially called to the residence but left without making an arrest. The conflict continued after they departed, with the mother intervening to separate the two men.
Violence escalates from hammer attack to fatal shooting
Investigators said Brandon Smith later began “patrolling” the home, stating he “still did not feel safe.” The mother reported hearing him say he believed people were trying to kill him before she fell asleep.
The situation turned violent when the defendant claimed he heard his brother on the phone and believed he “was determined” to harm him. He then “grabbed the first thing he saw in the kitchen, a hammer, and confronted the victim,” according to the complaint.
The mother awoke to “the victim screaming” and found the brothers fighting, with Brandon Smith on top and Justin Smith “bleeding from the head.” The complaint states the defendant struck his brother twice with the hammer.
After the altercation was briefly stopped, Brandon Smith “retrieved his handgun” and shot Justin Smith in the chest. The complaint states he later said he saw his brother fall.
As their mother attempted to help the wounded man, Brandon Smith reportedly “would not let her go” and “felt like he still needed to protect himself.” He then washed up and “refused” to allow her to call 911.
When she was eventually able to contact authorities, officers arrived around 6:43 a.m. The mother directed them to the suspect, saying, “this [is] the one that hurt the other one.” Officers found Justin Smith on the floor “surrounded by blood.”
Autopsy results and sentencing date
Justin Smith was pronounced dead at the scene. Authorities reported he suffered “multiple blunt force injuries to his head and face,” and an autopsy determined the cause of death was a gunshot wound to the chest.
Police recovered the firearm used in the shooting, and Brandon Smith was taken into custody at the scene.
He was initially charged with first-degree intentional homicide, but the jury ultimately found him guilty of the lesser charge of first-degree reckless homicide. He is scheduled to be sentenced on June 5.
