He says it was self defense, but police say otherwise. Police say William David Sowards shot and killed his brother last weekend. Thursday in court, family members testified he had no choice but to shoot.
Randi Sowards just married Frank Sowards a few weeks ago, but last weekend she says instead of celebrating being a newlywed, she feared for her life.
"And then he beat me through the hallways, and he said, I'll kill you, I'll kill you right now," Randi said.
Randi says she ran outside, headed towards Frank's brother, William David Sowards, home but Frank stopped her.
"Getting me down on the ground and stomping me with his boots and kicking me in the head and just beating me and beating me," Randi said.
Police say William David Sowards told them he saw this and tried to protect his sister-in-law.
"Tried to calm his brother down. He said his brother started making threats against him," said Det. Mike Goble with the Kentucky State Police.
They say David Sowards said he went inside and got his wife's gun, came out, and shot his brother.
"My client acted how anyone in his situation acted, he defended himself," said Ryan Allison, William David Sowards' Attorney.
But police say he could have called 911 for help instead of shooting, so they charged him with murder.
"Shot an unarmed man, after making a conscious decision to go into his house and retrieve a firearm, and come back outside and use that weapon on an unarmed man," Det. Goble said.
"We really, truly believe the fact that he is charged with murder is outrageous," Allison said.
The judge sent the case to the grand jury to decide.
The judge lowered Sowards bond from one million the fifty thousand dollars. Jail officials say he posted it Thursday afternoon and got out of jail.