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A Texas man is seen on video shooting and killing his female partner’s ex-husband after they both squared off against each other following an argument over child custody.
The video from the Nov. 5 encounter shows rifle-wielding Kyle Carruth open fire on Chad Read after they faced off and began to tussle over the gun at a home in Lubbock, Texas.
Police have yet to charge Carruth in the incident and his lawyer is claiming that he acted in self-defense, therefore it was “justifiable homicide,” the Daily Mail reported.
The incident occurred during an argument between Chad Read and ex-wife Christina Read, apparently at Carruth’s home, over custody issues involving the former couple’s children. Carruth and Christina Read were romantically involved, the report said.
Through an attorney, Chad’s widow, Jennifer Read, said in a statement that included video footage of the moment he was shot and killed that Christina and Carruth both engaged “in a conspiracy to assault and/or murder Chad that day.” Jennifer Read also claimed that Chad had previously threatened to expose an affair involving his ex and Carruth.
Jennifer Read said that Carruth is married to Ann-Marie Carruth, the judge for the 72nd District Court in the counties of Lubbock and Crosby and that Chad had threatened to expose the affair between Kyle and Christina, the Daily Mail added.
The video footage was taken by Jennifer from her vehicle which was parked on a street outside of Kyle’s home in south Lubbock. In it, Chad is seen arguing with his ex-wife, Christina, and with Kyle.
Wearing a black shirt and jeans, Kyle is heard telling Chad, “Get off my property.” In response, Chad, wearing a light blue shirt and jeans, waves his arms and yells, as Kyle turns around and goes back into his home.
At that point, Chad spins around and begins arguing with Christina, informing her that he wants his son whom he said he was supposed to pick up at 3:15 p.m., Jennifer said in an affidavit that she filed following the incident.
“I’m supposed to have him at 3:15,” Chad says to Christina. “But you’re playing games telling me that I have to pick him up at six?”
They continued to argue with Chad indicating he believed their son was at his ex-wife’s mother’s home. Christina responded that she wanted to see their son, but Chad said, “I don’t care if you wanted to see him or not.”
“I get him at 3:15. If you want to see him you can see him up until 3:15. You keep trying to keep my son from me, I’m going to drag you, and Ann-Marie, and everybody else into court,” Chad threatened.
At that moment, Kyle came back out of the house holding what appeared to be a rifle by his side and shouted at Chad to “Leave!”
Chad spun around and shouted back, “Use it, motherf**ker,” as he squared up to Kyle and threatened to take away the firearm.
As they stood face-to-face, Kyle fired a single shot at their feet, which did not cause Chad to back off. Rather, he continued to push up against Kyle, who suddenly broke away as Chad grabbed at the gun.
Kyle stepped back a few feet from Chad and fired two shots at him, causing the father to slump onto the front porch.
Afterward, Kyle swung around to face Jennifer, who was still taking video. She said: “I have it on video, Kyle.”
“I told all of y’all to leave,” Kyle then said, telling Jennifer that Chad’s son was not at the house. “None of y’all should be here, I asked you leave. I did everything. I did not want to do any of this.”
Jennifer testified in her affidavit that she seemed calm after her husband had been shot because she believed Kyle had used “some type of stun-gun.” It was only moments later when she realized he’d been shot with a real firearm and was dead.
“Even when Kyle Carruth fired the shots, the sound was very muffled and not as loud as I know firearms to be,” she says in her affidavit. “It wasn’t until I got to Chad on the ground that I realized that he had in fact been shot and that the weapon held by Kyle Carruth was a firearm.”
She is now suing for custody of her stepchildren.
Kyle’s attorney, David Guinn, told KCBD that the shooting was in self-defense, citing a legal principle known as the “Castle Doctrine,” and adding that Chad Read was trespassing. He added that the video “‘confirms the Lubbock Police’s thorough work reflects this as a justified homicide.”
“When a trespassing Chad Read advanced on Mr. Carruth, who was standing within feet of the front door of his home and office, employees there, Mr. Read said I’ll take your gun and effing kill you with it and then tried to. It was then and only then did that gun get pointed at Mr. Read at the fatal moment,” Guinn said, adding that Chad Read had “every opportunity” to leave the premises.
“Mr. Read said he’d take the gun and kill him with it,” Guinn added. “The gun went off into the patio, that still did not deter Mr. Read, who then grabbed the gun and tried to kill Kyle.”
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