Family members of a man shot and killed by his estranged wife in Athens over the weekend are speaking out about what happened.

The McMinn County Sheriff says it happened after the man, Robert Marshall, violated an order of protection served the same day.     

As of right now, Marshall's wife, Melissa, is not facing any charges. Investigators believe the shooting was an act of self defense. But the family of Robert is asking that both investigators, and the public, do not jump to conclusions.

Athens Police officers arrested 34-year-old Robert Marshall Saturday on weapons and drug charges, after police received reports he was "suicidal, armed, and threatening to kill his wife and children." While in jail, he was also served with an order of protection filed by his wife, Melissa.

"Almost immediately after leaving the jail, went back to his residence, in violation of the court order," says McMinn County Sheriff Joe Guy.

Sheriff Guy says Marshall was beating on the door. His wife called 911.

"He made his way into the residence. She retreated to a back bedroom and at some point fired a shot. And he was killed," says Guy.

"I don't think Robbie was there to hurt her. I know he violated the protection order. I think he heard about it. He got mad. He went to go over there and be like, 'Why did you put out an order on me?'" says Joshua Daniel, Robert's brother. "Everyone sees him as, I guess, this faceless attacker. But he wasn't."

Daniel says the couple had a rocky relationship, being married for about 10 years, divorced, then re-married for about the past year.    

"I knew it was volatile there. My brother always told me that he stayed there because he thought if they got separated, that she would get the kids."

He says what bothers him the most, are the accusations his brother was threatening to harm his kids.

"Robbie is probably the most doting father I've ever known," says Daniel.

While he knows his brother and wife had their share of problems, he never thought their relationship would end with one of them gone.

"It was a matter of time before something happened. But I never thought it would be this bad. I thought it would be another 'out and out' fight and then they would finally get separated."

Daniel says misses his brother and he hopes investigators take a closer look at what happened.

"I want people to know there's another side to what happened. And I want there to be an investigation," says Daniel.

"I wouldn't say a clear case of self defense," says Sheriff Guy. "I would say at this point, that so far in the investigation, nothing is leading us in another way."

Daniel claims Melissa had also made threats against Robert. We checked and she has no criminal history in McMinn County. We reached out to her family for comment, with no response.

The investigation is ongoing. The Attorney General's office has requested an autopsy.