Posted on 11/25/2021 8:45:32 AM PST by yesthatjallen
While I agree in principle, a jury isn’t going to see it that way.
Even in Texas.
In the vast majority of States, it’s illegal to use deadly force to protect property.
https://reason.com/volokh/2020/06/02/are-people-allowed-to-use-deadly-force-to-defend-property/
In many States you can’t even threaten deadly force to protect property.
If it turns out the ex exacerbated this situation by keep their son from his father she is culpable in his death. Her finger prints may not be on the gun but she has blood on her hands.
“You’ve got a gun. Use it or I’ll take it away and....” I can’t make out what comes after that, but it’s important. Should the homeowner have introduced s gun? Meh. Did he have a right to retrieve a gun? I’d say so. Who knows what kind of history there is here?
Agreed - no winners in this story. Even if Caruth was legally in the right as the homeowner and Read should have left, this man was his stepson’s father. Many exes argue about visitation. Now a boy’s stepfather has killed his father.
The entire incident was stupid, but as someone else pointed out it was the women who instigated the whole thing. Nobody even cared when they guy was dead. It was all part of the theatrics of the woman scorned.
The dead guy was totally out of control, and he tried to take the legally owned, legally possessed gun from the property owner.
Play stupid games, win stupid prizes.
The fight wasn’t over property. I would have stayed inside my front entrance with the gun, told the wife to get inside and locked the front door.
Dumb to allow the escalation that easily but criminal?
Not my job to figure out.
If the ex then broke in the shooting would seem to be justified. The ex might have been legally permitted to be where he was due to a court order. The ex may have been entitled to stand his ground. The new husband may heve some serious explaining to do.
"Prevention of Trespass or Theft - Texas Penal Code § 9.41(a)
Texas law allows a lawful owner of land or tangible property to use force to protect his property. The property owner is justified in using force when he reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on his land or unlawful interference with his property."
And mommy’s new husband/ boyfriend shot and killed the kid’s dad. Not a good situation.
Yes they should have shot both shrill women
He’d still be alive and both men would be happier in the long run
I suspect “Brandishing” will get injected into the discussion.
Like the Kenosha prosecutor you omitted some relevant parts of Texas law.
Parts that could land you in jail.
HER HUSBAND WAS JUST SHOT AND IS LAYING MOTIONLESS ON THE GROUND, AND SHE CONTINUES TO ARGUE WITH THE SHOOTER ABOUT THE ORIGINAL BEEF???
While everyone is understandably talking about the two men, I want to know what role the wife had in the escalation of this event.
If the family of the dead man can prove the wife was in violation of the custody agreement which led to this standoff then she is culpable in this death.
I don't want people to lose sight of this. It's not up to the wife to unilaterally change the terms of visitation. Men have rights too.
Oh man, not again. Right before “the flood”, the scripture says, “...and the earth was filled with violence.” Gen 6:11
More tidbits!
The Lubbock-Avalanche Journal reports a signed Nov. 8 affidavit identifies the shooter as William Kyle Carruth. That document, signed by Judge Anne-Marie Carruth, was filed as part of her countersuit in the couple’s divorce. She is the judge of the 72nd District Court in Crosby and Lubbock counties. This is the first time since the shooting William Kyle Carruth’s name has been revealed, but law enforcement has not named him as a suspect at the time of this report. William Kyle Carruth is a land developer.
On Friday, November 5, Lubbock Police found Chad Read, 54, dead at a home in the 2100 block of 90th street. Police say through the initial course of the investigation, it appears there was a fight between Read and another man related to a domestic incident, and shots were fired.
Carruth’s now-ex-wife filed a countersuit in her divorce proceedings to exclude her ex-husband from their Lubbock home on 9th Street.
https://www.kcbd.com/2021/11/23/court-records-connect-kyle-carruth-deadly-shooting-chad-read/
I noticed that in the first video as well.
Lord knows I’m a self defense advocate. This was at best a gray area shoot. It’s going to boil down to the jurisdiction and prosecutorial discretion I think.
so the judge is his EX
The shooter may also be culpable if he was ignorant of his housemates legal obligations. Tresspass involves the use of reasonable force. A jury may well find this use of force unreasonable given the circumstances. I think the shooter and the shootee both chose poorly.
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