Posted on 11/28/2021 1:50:53 AM PST by House Atreides
Today I’d like to take a look at a shooting out of Lubbock TX that is suddenly getting a great deal of news and social media coverage—the shooting death of Chad Read by William Carruth.
As is so often the case, there is, unfortunately, a lot of confusion about how to understand the use-of-force legal issues in this case, with a great deal of misunderstanding of both the relevant law and how it should reasonably apply to the facts of this case. In addition, there’s a great deal of weight being put on factors that are, really, irrelevant to a proper use-of-force legal analysis.
So, hopefully, we can bring some clarity of understanding to this event, at least in the use-of-force law context.
OVERVIEW OF THE FACTS & VIDEO First, a quick overview of the facts of the Chad Read shooting. It appears that Read was upset because his ex-wife, at the Carruth home, had failed to deliver their son to Read for his scheduled custody transfer. While in the front yard, and later front porch, of the Carruth home, Read shouted and postured angrily at his ex-wife. Carruth ordered the angry Read off his property, a command with which Read declined to comply.
Carruth entered his home and emerged a moment later back onto the front porch carrying a carbine (a pistol-caliber long gun), presumably to attempt to compel Read to comply with his command to leave the property….
…Given that everything discussed in this analysis is based on … two videos, I’ll embed them right here, so as to avoid confusion as to what I’ll be referring to….”
(Excerpt) Read more at legalinsurrection.com ...
This analysis by renowned self-defense attorney Andrew Branca employs legal concepts with which all gun owners should be intimately familiar… particularly given the insanity that is so pervasive in society today.
I agree with attorney Branca that self-defense, defense of dwelling, nor defense of property appear to justify this subject shooting and that a manslaughter charge would be appropriate.
I saw two videos.
I’d acquit.
That’s a good legal analysis.
At the moment Carothers fired the weapon no one was in imminent danger.
She was playing games, and Carruth was her meat puppet.
See my post #4
Exactly so. The wife instigated the argument. She gets to see the life seep out of her ex, whom she now hates. If her current tool goes to prison, no problemo, she can have a new boy toy on the doorstep by evening.
RIP to the deceased who was denied legal access to his child.
Note to self: Reason 2,656,119 to romantically avoid single mothers.
Texas has the castle doctrine. The trespassing gentleman had been repeatedly asked to leave the property. The landowner retrieved his weapon as protection after trespasser refuse to leave his property and had repeatedly acted aggressively toward the land owner. With weapon in hand the landowner once more asked the trespasser to leave his property. The trespasser answered with more aggression and physically butted himself up against the landowner. The landowner fired a warning shot into the ground which the trespasser answered by grabbing at the gun. The landowner managed to step back retaining the weapon after which the trespasser once more moved to take the weapon it was only when when the trespasser tried for the seconded time to take the weapon from the landowner that the landowner fired the fatal shots. Self-defenses and within the castle doctrine
Bkmk
I only saw the video once, but the thing that stood out to me was how everyone involved reacted after Read was shot.
Suggested a setup to me.
Yes I would acquit also. However, To me the whole scenario looks as if it could’ve been planned. If I was an investigator I would definitely be looking into that.
If I was a prosecutor I wouldn’t let the mom off the hook. If she was obligated legally to turn the child over she could be charged as accessory after the fact and conspiracy for deliberating with the shooter before hand, plotting how the events would go down. The prosecutor should be talking to the shooter about the mother’s role in this shooting. Was this pre-planned?
The mother’s refusal to turn the child over per legal order implicates her in this shooting.
Ever been to Lubbock? The hothead got his ticket punched. Done.
Unless they discussed it by email, that may be tough to prove. She may very well have gotten away with murder.
What does Texas castle doctrine say when a guy has your woman or your child in his castle?
I watched the videos too. Behavior has consequences. I’d acquit in a nanosecond.
Completely agree. Read was now in we facto possession of the home. Get between a man and his home... Not smart.
Which one was the hothead?
If not proven a setup, it would be difficult to convict on anything more than a lesser manslaughter charge. Even though the smaller man had the gun, the physicality and behavior of the larger victim is obvious and may well be considered contributory to the presence and use of a firearm in self-defense. Sad, sad, sad and stupid.
No one was in imminent danger and the police should have been called.
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