Carruth calls for change of venue, San Antonio judge assigned to cases


LUBBOCK, Texas (KCBD) – A San Antonio judge was assigned to cases against Kyle Carruth regarding the fatal shooting of Chad Read on November 5, 2021. This happened six days before Carruth filed defense motions for the cases were combined, moved to a new location, and also stayed until the attorney general’s office decided whether to take the case to a grand jury.

Court documents filed on December 15, 2021 show that the Honorable Sid Harle, senior judge of the 226th District Court of San Antonio has been assigned to the 237th and 72nd District Courts of Lubbock.

Read’s widow Jennifer Read has filed a wrongful death lawsuit against Carruth and his companies, claiming $ 50 million. Next, Chad Read’s mother, Jinx Read, and three of his children filed a separate lawsuit against him and his businesses, claiming that Carruth negligently shot and killed Read. Jinx Read’s lawsuit is targeting over $ 1 million.

In court, further court documents filed on Dec. 21, Carruth filed a motion to transfer the location of the two cases and a motion to consolidate them into one case. The motion calls for the venue to be moved to Smith, Harris or Cherokee counties in Texas, or wherever the court finds an impartial trial can take place. Carruth is also asking for a stay of the case.

Court documents state that “Carruth was forced to use lethal force in self-defense, his property and / or others, which resulted in the death of Chad Read. He says Carruth repeatedly asked Read to vacate the premises. Read did not leave, but continued to berate Carruth and his employee, Read’s ex-wife. Court documents also indicate that Read’s widow, Jennifer Read, and her lawyer, through their oral argument and various media appearances, have repeatedly pressured the relevant authorities to press charges against Carruth for his actions. arising from the same facts and circumstances as this case.

Court documents show Carruth has not been charged, but suggest the attorney general’s office is considering making a final decision on whether to take the case to a grand jury in the near future.

Because there is an overlap in the civil cases against him, court documents indicate that a stay is necessary; “There is a significant risk of self-incrimination. The documents also state that “Carruth will encounter the types of conflict and tension that a suspension is designed precisely to prevent” if the civil case were to proceed against Carruth before the attorney general’s decision is made.

CHRONOLOGY

Friday November 5, Lubbock Police found Chad Read, 54, dead in a house in the 2100 block of 90th Street. Officials from the police bureau told KCBD on November 5 that a woman called 911, saying someone shot and killed her husband over custody matters. Police said during the initial course of the investigation there appeared to be a fight between Read and another man related to a domestic incident, and shots were fired.

Minimum information was released by law enforcement in the days immediately following the fatal shooting. The identity of the shooter had not been disclosed. It was five days later, on November 10, when the Lubbock County District Attorney’s Office recused of the case, on the grounds that an elected official may be called to testify.

Lubbock Police Department then issued a statement explaining why the name of the shooter had not been disclosed. “While LPD recognizes that there is a public interest in this matter, this ongoing investigation has many facets that dictate what can and cannot be made public, according to Texas state law,” said the department said in a statement.

Then, on November 16, six days later, the police department transferred his files to the Texas Attorney General for his review.

On November 19, a court document identified Kyle Carruth as the shooter in the case. This document, signed by Judge Anne-Marie Carruth, was filed as part of his counter-action in the context of the couple’s divorce. She is a judge of the 72nd Crosby and Lubbock Counties District Court.

In the affidavit, according to the Lubbock-Avalanche Journal, Anne-Marie Carruth wrote that she was “informed that my husband, William Kyle Carruth, is under investigation for the murder and murder of the father of children of his girlfriend after trying to get his children back. Friday late afternoon. My knowledge of the incident is very limited at this time, and I understand the police are still investigating. “

Court documents were sealed when the divorce was finalized on November 19. Both parties agreed to seal the divorce records and a judge determined the reasons were valid. Sources tell KCBD the divorce was filed in the 99th District Court, however, Judge Phillip Hays recused himself and a guest judge from Amarillo presided. Amarillo judge granted the request to seal the files.

Wednesday, November 24, Jennifer Read cell phone released video which shows the argument, and Carruth entering the house and then returning armed. Video of the deadly confrontation spread across social media and was reported by several national media outlets. Along with the video, Jennifer Read’s attorney provided a petition filed that day showing that Jennifer Read, Chad’s widow, is seeking custody of her late husband’s children from their mother.

KCBD spoke to Kyle Carruth’s attorney after the child custody case was filed. Lawyer David Guinn said the video “confirms that the painstaking work of the Lubbock Police Department reflects this as a justified homicide.” Guinn says Carruth has a valid defense under the Castle Doctrine, “to defend himself, to defend others, or for his property,” and they anxiously await the attorney general’s office to investigate and present the case to a great deal. Lubbock jury. Guinn says a grand jury could still indict Carruth, but his hope is “after careful consideration of the law, they won’t do it,” but that doesn’t mean he can’t be arrested and charged or convicted anymore. late.

On Monday, November 29, Jennifer Read, filed a wrongful death complaint against Kyle Carruth and his company Vitruvian Development LLC. She is asking for $ 50 million.

She claims Carruth failed to defuse the confrontation and used a gun even though there was no physical threat to life or property. The lawsuit says she and Chad Read went to his ex-wife’s office to try to find Chad’s youngest son.

The day after Jennifer Read filed a wrongful death complaint against Kyle Carruth and his company for the death of her husband Chad Read, the judge presiding over the case recused himself.

A lawyer representing Chad Read’s mother and three children filed a complaint Monday, December 6, 2021, against William Kyle Carruth and his companies. The lawsuit claims Carruth negligently shot and killed Read on November 5, using lethal force that was not justified, causing mental and emotional anguish and pain, torment and suffering. This lawsuit has been filed with the 72nd District Court, through the standard process, cases are assigned. The 72nd District Judge is Anne Marie Carruth. Sources say KCBD Judge Carruth has withdrawn from the case.

Also on Monday, December 6, family members of Chad Read announced on social media that there would be a press conference involving their lawyer Tony Buzbee on Thursday, December 9, 2021 at noon at the Lubbock County Courthouse.

On Tuesday, December 7, Texas Attorney General Ken Paxton announced that his office had opened a criminal investigation in the death of Chad Read. They added in their statement that they would not comment on the case in order to protect the integrity of the investigation. They also noted that the AG’s office had received repeated requests about a criminal investigation into the shooting. The statement said they will gather and review evidence, question witnesses and other actions as part of the investigative process.

Chad Read’s widow and her attorney held a press conference on Thursday, December 9 to discuss the case, the amended wrongful death trial and the investigation currently being conducted by the Attorney General’s office.

On December 15, a San Antonio judge was assigned to the civil cases against Carruth.

On December 21, Carruth files a motion to consolidate the civil cases, move them to Smith, Harris or Cherokee counties, but also request a stay until the Attorney General decides to take the case to a grand jury for criminal charges.

There were no criminal charges or arrests in this case.

Copyright 2022 KCBD. All rights reserved.


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