When speaking with police, the woman said Smith had been drinking and has a history of being violent.
Smith left the house, but he returned a little while later allegedly armed with a samurai sword, WTVC reported.
“Mr. Smith grabbed her by the throat," court documents state. "He then told her if she’s not going to be with him, then she’s not going to be with anyone.”
The woman called for help, and her brother, Trevor Bennett, arrived with a gun and told Smith to let go of his sister, WTVC reported.
The woman’s young son also heard the fighting taking place, and came to check what was happening. Police questioned the boy, who they say claimed Bennett pushed Smith out the front door and then stopped to help his mother.
Court documents show the boy allegedly also said, “When he got outside he saw David [Smith] on his back, just a few feet away, shoot Trevor [Bennett] in the head, who was standing over him."
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Smith then fled the scene, officials said. When police arrived, they found Bennett in the driveway and he was transported to a nearby hospital.
Tracy Bennett, Trevor’s father, said his son is recovering after surgery, but doctors say a full recovery could take up to a year, WTVC reported.
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