This is the horrifying moment a Texas man shot his partner’s ex-husband dead during a furious child custody row outside of his home.
Footage shows Kyle Carruth opening fire on Chad Read after the two squared up against each other and wrestled over the gun in Lubbock, Texas.
However, Carruth has not yet been charged by police over the killing with his lawyers arguing that it was ‘justifiable homicide’ and carried out in self defence.
The argument leading up to the November 5 shooting centred around a custody dispute over the children of Chad Read and his ex-wife Christina Read.
Through her attorney, Chad Read’s widow Jennifer Read released a statement along with the footage that shows the moment her 54-year-husband was shot and killed by Carruth, reportedly Christina Read’s new boyfriend.
In an affidavit, Jennifer Read has since accused Christina Read and Kyle Carruth of engaging ‘in a conspiracy to assault and/or murder Chad that day,’ and claims that Chad had threatened to expose Carruth’s affair with Christina.
She has said Carruth was already married to Judge Ann-Marie Carruth, who is the judge of the 72nd District Court in Crosby and Lubbock counties, and that Chad Read had threatened to expose the affair.
Pictured: Two men, Kyle Carruth (left in a black top and holding a rifle) and Chad Read (right wearing a teal top) are seen in a grab from mobile phone footage squaring off outside a home that reportedly belongs to Carruth
Left: Carruth fires one shot into the floor at the pair’s feet, which does not appear to deter Chad Read, who continues to push against Carruth. Right: Suddenly, Carruth jumps back away from the porch, raises the rifle and fires two shots at Chad Read, who slumps to the floor
The footage, captured by Jennifer Read from a car parked on the street outside Kyle Carruth’s South Lubbock home, shows Chad Read arguing with his ex-wife and Carruth.
From the mobile phone video, it appears that Chad Read and Kyle Carruth are arguing on the porch of the house, with Christina Read standing to the right.
Kyle Carruth – wearing a black top and jeans – is heard telling Chad Read to ‘get off of my property’. Chad Read, who is wearing a teal top and jeans, gesticulates with his arms as Carruth turns around to go inside the house.
Chad Read turns around and continues talking to Christina Read, telling her that he wants his son, who he was supposed to have custody of from 3:15 p.m that day, according to Jennifer Read in an affidavit filed after the incident.
‘I’m supposed to have him at 3.15,’ Chad Read is heard saying to Christina Read. ‘But you’re playing games telling me that I have to pick him up at six?’
The pair continue arguing, with Chad Read suggesting that his son is probably at his ex-wife’s mother’s house. Christina Read is heard telling him that she wanted to see him, who which Chad Read says: ‘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.’
It has been reported that Ann-Marie could refer to Judge Ann-Marie Carruth – who Jennifer Read has said is the wife of Carruth.
A second video, filmed from inside the house, showing the same incident. Left: Carruth and Chad Read face off in-front of Christina Read. Right: Carruth raises the rifle moments before firing two shots at Chad Read
The ‘Castle Doctrine’ law in Texas
The attorney for Kyle Carruth, the man seen in the video shooting Chad Read, has cited the Castle Doctrine in his client’s defence, saying the killing was ‘justified homicide’.
The castle doctrine, also known as a castle law or a defence of habitation law, is a legal doctrine that states a person’s home or legal abode is a place where they have some protections and immunities permitting the use of force, in certain circumstances, to defend against intruders.
The term is most often used in the United States, although other countries also have similar laws.
In Texas, the so-called castle doctrine is found in the state’s Penal Code, section 9.32.
The section, titled ‘Deadly force in defence of a person’ states:
(A) A person is justified in using deadly force against another:
(1) if the actor would be justified in using force against the other under Section 9.31; and
(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:
(a) to protect the actor against the other’s use or attempted use of unlawful deadly force; or
(b) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.
(B) The actor’s belief under Subsection (a)(2) that the deadly force was immediately necessary as described by that subdivision is presumed to be reasonable if the actor:
(1) knew or had reason to believe that the person against whom the deadly force was used:
(a) unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;
(b) unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or
(c) was committing or attempting to commit an offense described by Subsection (a)(2)(B);
(2) did not provoke the person against whom the force was used; and
(3) was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.
(C) A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.
(d) For purposes of Subsection (a)(2), in determining whether an actor described by Subsection (c) reasonably believed that the use of deadly force was necessary, a finder of fact may not consider whether the actor failed to retreat.
Carruth is then shown re-emerging from the house holding a firearm, which he’s holding down by his side, shouting ‘leave’ at Chad Read.
Chad Read is heard shouting back: ‘Use it mother f***er’, and squaring up to Carruth, threatening to take the gun from him.
Now face-to-face, Carruth fires one shot into the floor at the pair’s feet, which does not appear to deter Chad Read, who continues to push against Carruth.
Suddenly, Carruth jumps back away from the porch, raises the rifle and fires two shots at Chad Read, who slumps to the floor.
Carruth walks back to the porch and turns around to face the camera. Still holding the gun, he wags his finger as Jennifer Read is heard saying ‘I have it on video Kyle.’
‘I told all of y’all to leave,’ Carruth is heard saying, telling her that his son is 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,’ he says.
A second video, filmed from inside the house, shows the same incident.
After Chad Read falls to the floor, his wife filming the incident appears surprisingly calm. She has written in the affidavit that she initially thought Carruth had used a paintball gun or ‘some type of stun-gun’.
‘Even when Kyle Carruth fired the shots, the sound was very muffled and not as loud as I now firearms to be, she wrote,
‘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.’
Jennifer Read is now suing for custody of her step-children, according to a press release published by her attorney.
‘Jennifer Read, the widow of Chad Read, has filed a Petition today seeking to take custody of Chad Read’s children from their mother, Christina Read,’ it says.
The woman and her attorney said they released the footage of ‘Kyle Carruth’s shooting of her husband’ and the affidavit to ‘speak for themselves.’
Carruth has not been charged over the incident. Carruth’s attorney, David Guinn, told KCBD that the shooting was done in self defence, saying that Chad Read was trespassing on his property, citing the Castle Doctrine.
Speaking to the local news outlet, Guinn said 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.
Chad Read, Guinn added, had every opportunity to leave the property, saying that he was ‘threatening to others’ and that he ‘chose to advance on Mr. Carruth.’
‘Mr. Read said he’d take the gun and kill him with it,’ the lawyer said. ‘ The gun went off into the patio, that still did not deter Mr. Read, who then grabbed the gun and tried to kill Kyle.’
Citing the Castle Doctrine, a Texas law that allows someone ‘to defend himself, others or his property,’ Guinn said that the subsequent shooting was justified, adding that he hoped his client would not be indicted.
But Jennifer Read has since accused Christina Read and Kyle Carruth of conspiring to kill her slain husband, claiming that Chad had evidence of the couple’s affair and threatened to make it public.
Left: Chad Read argues with Kyle Carruth – the new boyfriend of his ex-wife. Right: Chat Read arguing with ex-wife Christina Read
‘I am the stepmother of the children the subject of this suit, ‘ the affidavit says.
‘The mother of the children, Christina Read, has endangered the physical health and emotional well-being of the children by permitting them to be in the presence of the man that murdered their father.
‘Christina Read and Kyle Carruth have been engaged in an ongoing affair, despite Kyle Carruth being married,’ Read claims in the document.
‘On October 30, 2021, Chad Read informed Christina Read that he had evidence of her affair with Kyle Carruth and that he was going to go public with it.’
Ms Read goes on to suggest that Carruth and his girlfriend plotted to kill her husband, pointing out moments from the video that she says suggests it was deliberate.
She also goes on to claim that Carruth’s wife, Judge Ann-Marie Carruth, has filed for divorce, and in an affidavit that she is ‘very concerned’ about her husband’s health.