TX - Chad Read 54, shot/killed by ex's bf, Kyle Carruth, in custody dispute, Lubbock, 5 Nov 2021

[Gardenista]

Insurance doesn't cover criminal acts.

That's a great point. If it's found to be criminal, she won't get big money, unless he personally or his business have a boatload of assets that are not protected. Actually, I'm not sure if they even can be protected from lawsuits. I wish I knew his personal net worth and the value of his companies.

I did see some action on the lawsuit the new wife filed to get custody of his children, but I'm not sure what it means. Looks like the ex filed a motion to dismiss the same day it was filed, an order was made on it five days later, but the order is hidden, so not sure of the outcome. I can't imagine a judge ever allowing it in a million years, but who knows?

re:SearchTX

 

[Cryptic]

That's a great point. If it's found to be criminal, she won't get big money, unless he personally or his business have a boatload of assets that are not protected.

Actually, I'm not sure if they even can be protected from lawsuits. I wish I knew his personal net worth and the value of his companies.

Texas is famous (or infamous) for being very generous in regards to the amount of protected assets. Homesteads, whether it is a "shotgun shack", or a mansion are exempt. Business assets, however, are not protected.

But.... I have a strong suspicion that if those businesses are homebased, they are not going to be subject to forfeiture in the practical sense.

Likewise, bank accounts associated with businesses can be seized- if they can be located. Courts in general, and I imagine Texas courts in particular do not assist in compelling people to reveal asset locations.

 

[worm]

This reminds me so much of the Tucker Moore Reed case, but LE in Oregon don’t seem as taken with guns and wealth as they are in Texas.

 

[Gardenista]

Kyle Carruth ‘was forced to use deadly force’ before shooting, killing Chad Read | KLBK | KAMC | EverythingLubbock.com

 

[Seattle1]

Kyle Carruth ‘was forced to use deadly force’ before shooting, killing Chad Read | KLBK | KAMC | EverythingLubbock.com

No surprise CR wants this moved from Lubbock County!

From the link:

In a routine check of court records on Thursday, EverythingLubbock.com was able to obtain Carruth’s defense documents.

[..]

The office of Lubbock County Criminal District Attorney recused itself and the office of Texas Attorney General took over the criminal investigation.

A portion of Carruth’s civil defense said:

FACTUAL BACKGROUND

As evidenced in Plaintiff’s pleadings. Plaintiff [Jennifer Read] and her deceased husband, Chad Read. approached Defendant William Kyle Carruth’s residence and place of employment, allegedly to attempt to locate Chad Read’s son.

1. As evidenced in Plaintiff’s pleadings. Plaintiff [Jennifer Read] and her deceased husband, Chad Read. approached Defendant William Kyle Carruth’s residence and place of employment, allegedly to attempt to locate Chad Read’s son.
2. Defendant Carruth repeatedly asked Chad Read to leave the premises. Chad Read did not leave, but instead continued to berate Defendant Carruth and his employee, Chad Read’s ex-wife.
3. A struggle ensued and Carruth was forced to use deadly force to defend himself his property and/or others, which caused the death of Chad Read.
4. Plaintiff and her counsel, through their pleadings and various media appearances, have repeatedly pressured relevant authorities to bring criminal charges against Defendant Carruth for his actions arising out of the same facts and circumstances as this case.

Carruth and the businesses he owns “generally deny the allegations” of the two lawsuits.

[..]

Delaying the lawsuits, Terrill argued, allows Carruth to defend himself in both the criminal case and the civil cases.

Terrill asked that the lawsuits stay on hold until the Texas Attorney General decides not to present the case to a grand jury, or until a grand jury grants a “no-bill” (rejects an indictment).

In addition to any delay, Carruth also wants the lawsuits moved out of Lubbock.

Terrill wrote on Carruth’s behalf, “There exists in Lubbock County so great a prejudice against [Carruth and his businesses] that [they] cannot obtain a fair and impartial trial…”

Terrill also wrote, “In the alternative, there is such a combination against [Carruth and his businesses] instigated by influential persons in Lubbock County, by reason of which [Carruth and his businesses] cannot expect a fair and impartial trial, and an impartial trial cannot be had in Lubbock County, Texas.”

ETA: bullet points in the linked article are numbered 5, 6,7, and 8.

 

[TwoLea]

"There exists .... so great a prejudice against [Carruth]"

GOOD!

 

[Gardenista]

Slamming the kid's grandparents.

Jennifer Read’s attorney says civil suit dropped to take emergency custody of Chad Read’s children | KLBK | KAMC | EverythingLubbock.com

Given that dismissal, there are no child custody proceedings that are pending for Chad Read’s sons. Under Texas law, one of the blood-relatives of the children would need to file suit to obtain custody of the children, and it pains Mrs. Read that no family member has yet stepped up to protect these children. Mrs. Read is glad that other family members have joined in her civil suit against Kyle Carruth but wishes that their priorities had been to seek protection of the children first, as she did.

 

[GoneGoldfishin']

Slamming the kid's grandparents.

Jennifer Read’s attorney says civil suit dropped to take emergency custody of Chad Read’s children | KLBK | KAMC | EverythingLubbock.com

Given that dismissal, there are no child custody proceedings that are pending for Chad Read’s sons. Under Texas law, one of the blood-relatives of the children would need to file suit to obtain custody of the children, and it pains Mrs. Read that no family member has yet stepped up to protect these children. Mrs. Read is glad that other family members have joined in her civil suit against Kyle Carruth but wishes that their priorities had been to seek protection of the children first, as she did.

She may be critical of them, but she is correct in her assertions. Moo.

 

[Gardenista]

No Criminal Charges Against Texas Man Who Shot and Killed Girlfriend's Ex-Husband During Front Porch Custody Fight

 

[worm]

No Criminal Charges Against Texas Man Who Shot and Killed Girlfriend's Ex-Husband During Front Porch Custody Fight

Good timing, I was just thinking of this yesterday.

 

[Gardenista]

Homicide of Chad Read goes before grand jury, no charges will be filed against Carruth

 

[BeginnerSleuther]

Can someone explain why there would be no criminal charges? I saw the video and I thought this one was a slam-dunk. I don't know TX law or how it's possible there's no charges. Can someone please help me understand?

 

[TrustedTracker5097]

Homicide of Chad Read goes before grand jury, no charges will be filed against Carruth

I'd be curious to see if any of the jurors give interviews in which they go into the reasons they came to this decision. Personally I think there's plenty of evidence to suggest a crime was committed. As to whether or not that evidence proves guilt beyond a reasonable doubt, that's what criminal trials are for. Reflecting on this case now, I think Kyle MAY have been okay legally had he shot Chad while they were chest bumping rather than firing a warning shot. I am not a lawyer, nor do I claim to be a self defense or legal expert, but almost every bit of information on this subject I've consumed leads me to believe warning shots are terrible to do from a legal perspective primarily because they imply you didn't fear the threat you were facing was imminent. After all, if you honestly believed someone was going to kill or seriously injure you, and you had no choice but to use a gun to stop them, would you not simply shoot the person instead of wasting time and bullets firing at the ground or air?

That problem the warning shot creates legally also taints Kyle's use of the gun to shoot Chad when he did. Even if one believes he perceived Chad was following up throwing him off the porch by charging after him, by firing a warning shot, which I believe in and of itself is an unlawful act, he goes from being an innocent victim to an unlawful aggressor.

 

[Gardenista]

I'd be curious to see if any of the jurors give interviews in which they go into the reasons they came to this decision. Personally I think there's plenty of evidence to suggest a crime was committed. As to whether or not that evidence proves guilt beyond a reasonable doubt, that's what criminal trials are for. Reflecting on this case now, I think Kyle MAY have been okay legally had he shot Chad while they were chest bumping rather than firing a warning shot. I am not a lawyer, nor do I claim to be a self defense or legal expert, but almost every bit of information on this subject I've consumed leads me to believe warning shots are terrible to do from a legal perspective primarily because they imply you didn't fear the threat you were facing was imminent. After all, if you honestly believed someone was going to kill or seriously injure you, and you had no choice but to use a gun to stop them, would you not simply shoot the person instead of wasting time and bullets firing at the ground or air?

That problem the warning shot creates legally also taints Kyle's use of the gun to shoot Chad when he did. Even if one believes he perceived Chad was following up throwing him off the porch by charging after him, by firing a warning shot, which I believe in and of itself is an unlawful act, he goes from being an innocent victim to an unlawful aggressor.

Grand jurors are sworn to secrecy. Maybe some day Kyle or Christina will tell their side, or the media will dig like I did and find out the whole story. Hopefully, they already have and were just waiting on the GJ findings before they published.

 

[worm]

I’d like to know how it was presented. If the DA is pro gun and wants to avoid it then who knows.

 

[Seattle1]

Can someone explain why there would be no criminal charges? I saw the video and I thought this one was a slam-dunk. I don't know TX law or how it's possible there's no charges. Can someone please help me understand?

There are no criminal charges here because the grand jury failed to indict Carruth based on the panel's belief that the accused acted in self-defense.

I disagree with the grand jury for a couple of reasons:

First, I think Carruth had the option to go inside the house, and call authorities.

But when Carruth went inside the house, instead of locking the door and waiting for the police to arrive, Carruth grabbed his long gun and went outside where he continued arguing with the victim.

Second, Carruth had the option to wound the victim in the leg (and go back inside his house)!

Instead, Carruth intentionally took two fatal shots at the victim's chest in front of his wife and child that we sitting in the car.

What a tragic ending. Condolences to his family and friends. MOO

 

[Seattle1]

Some info on the function of a Texas Grand Jury:

Texas Grand Jury Investigations
The Texas Constitution, under Tex. Const. art. I, § 10, guarantees “no person shall be held to answer for a [felony] criminal offense, unless on an indictment of a grand jury….” This means a grand jury of regular citizens is the only body that can issue a felony criminal indictment against a person in Texas.

What Happens After the Grand Jury’s Decision?
A grand jury does not need a unanimous decision to indict a person. However, it does need a supermajority of 2/3 or 3/4 agreement for an indictment, depending on the jurisdiction. If the grand jury chooses to indict, the trial most likely will begin faster.

If the grand jury does not choose to indict, the prosecutor still could bring the defendant to trial if he or she thinks there is a strong enough case against the person or group. The grand jury proceedings, however, often are used as a test run for prosecutors in making the decision to bring the case against a person.

Grand Jury Proceedings explained by San Antonio Criminal Defense Attorney.

Also, I recall from other TX cases that there are 12 jurors who are drawn from a larger pool of a jurors. Once selected, the prosecutor brings the grand jury into a room to listen to the prosecutor. The prosecutor runs the show; there is no judge present.

 

[tamsidea]

I live here in Texas, so none of this is surprising to me.

@worm - in Texas you are not likely to find a DA who isn't "pro gun," at all much less in a more rural area.
@BeginnerSleuther ,
@Seattle1 ,
@TrustedTracker5097 , and anyone else who might be baffled by why the grand jury declined to indict
- under Texas's Castle Doctrine law: The person defending themselves has no duty to retreat if they had a right to be in the location, did not provoke the person they used deadly force against, and was not engaged in criminal activity. Also, the judge or jury cannot consider whether an actor failed to retreat when determining whether the actor reasonably believed force was necessary.
MOO - My neighbors hold their guns and the right to use them to protect themselves or even their property close to their hearts and are more likely to side with Carruth. "Don't mess with Texas," didn't start off as a media campaign against litter.
Edited to add - this is by no means MY philosophy - just what I see all around me.

 

[Argonaut]

The shooting looked justified to me.

 

[BeginnerSleuther]

I live here in Texas, so none of this is surprising to me.

@worm - in Texas you are not likely to find a DA who isn't "pro gun," at all much less in a more rural area.
@BeginnerSleuther ,
@Seattle1 ,
@TrustedTracker5097 , and anyone else who might be baffled by why the grand jury declined to indict
- under Texas's Castle Doctrine law: The person defending themselves has no duty to retreat if they had a right to be in the location, did not provoke the person they used deadly force against, and was not engaged in criminal activity. Also, the judge or jury cannot consider whether an actor failed to retreat when determining whether the actor reasonably believed force was necessary.
MOO - My neighbors hold their guns and the right to use them to protect themselves or even their property close to their hearts and are more likely to side with Carruth. "Don't mess with Texas," didn't start off as a media campaign against litter.
Edited to add - this is by no means MY philosophy - just what I see all around me.

Yeah I'm getting that sense from both TX and FL with recent cases, but I just don't understand this. If you genuinely feel your life is in danger, ok, but does anyone think he genuinely felt his life was in danger? I don't know, this whole thing is messed up. MOO.