BRYAN COUNTY, OK -- Family members of the man fatally shot in Wade Thursday, say the incident shouldn't be labeled as a home invasion - because he lived in the house.

Clinton Tyson said his brother, Parker Tyson, was trying to get into the house where he lived with his son and ex-girlfriend.

He was there to pick up clothes, after spending two weeks away for his job, Tyson said.

But he was surprised to find a visitor home with his ex-girlfriend.

"And she had a guy there, and they had a confrontation," he said. "...they shot my brother right in front of his kid."

Parker kicked in the door of 14 E. Main St. around midnight Thursday, armed with a handgun, according to OSBI.

They labeled it a home invasion - and say a person inside the house shot Parker. OSBI won't say who fired the shots.

Tyson insists his brother was not trying to break in.

"It was his house, he was paying all the bills. His stuff's in that house," he said.

April Wright, Parker's sister, said the facts don't add up.

"And they want to say he kicked in the door. The bottom pane of the glass door was shattered. The top pane isn't," she said. "So if you were tearing down the door, kicking in the glass, wouldn't you break the top pane too?"

Because it's ongoing investigation, OSBI said they can't comment on or confirm any information. Right now they say they're just the fact finders.

After they complete their full report, OSBI will turn the case over to the district attorney's office. It's up to the DA to decide how they want to proceed, including issuing any arrest warrants.

OSBI said the shooter claims self-defense.

Attorneys we talked to said Oklahoma's "Castle Doctrine" wouldn't likely apply in this case because Parker lives at the home.

Clinton said his brother is being unfairly painted as the villain in this case.

"Because of my brother's bad reputation, they don't want to do anything about it," he said."He's paid for his crimes, he's done his time, what's in the past is in the past."

And while he wants justice for his brother, he knows it won't bring Parker back.

"I'll never see him again," he said.

OSBI said they don't have a timeline for the investigation. They say it could take up to a few months before they turn the case over to the DA.