Investigators have released a Sequoyah County man, after they say he shot his brother in the chest.
Scott Fueston was killed Tuesday after getting into an argument with his brother at a home between Muldrow and Sallisaw.
Police say the shooter had locked himself in the garage and when Fueston tried to get in, he was shot through the door.
Fueston's niece says the situation quickly got out of control.
"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," Hillary Pastore said.
Family members say the shooter was acting in self defense.
The district attorney will decide if charges should be filed.