Chad Read Shooting - Is It Murder or Self Defense - Legal Analysis - Why He Should NOT Be Charged

The widow of a Lubbock father who died in a fatal shooting in South Lubbock earlier this month is seeking custody of her step-children to keep them away from the shooter, who is also in a relationship with their mother.

Jennifer Read, through her attorney, Matthew Harris, also released video of the shooting that she recorded.

No charges or arrests have been made yet in the Nov. 5 shooting death of 54-year-old Chad Read at a home in the in the 2100 block of 90th Street.

Video of the Nov. 5 shooting death of Chad Read was released Wednesday by Jennifer Read, who is now seeking custody of her husband's children.

Meanwhile, investigators have turned over their files to the Texas Attorney General's Office, who is handling any potential prosecution in the case after the Lubbock County District Attorney Sunshine Stanek recused her office from the case, citing that the suspect in the shooting was related to a local elected official who could be called as a witness.

The shooter, who is listed as a suspect in police reports, has not been identified by law enforcement officials who have cited the states' public information laws that prohibit them from identifying suspects if there is no ongoing threat to the public.

However, records filed in civil court have identified the shooter as land developer William Kyle Carruth, the ex-husband of Anne Marie Carruth, the judge of the 72nd District Court in Lubbock and Crosby counties.

In a Nov. 8 affidavit, which was filed by Anne-Marie Carruth on Nov. 8, states she was "notified that my husband, William Kyle Carruth, is under investigation for the shooting and killing of his girlfriend's children's father after he attempted to pick up his children late Friday afternoon. My knowledge of the incident is very limited at this time and it is my understanding that the police are still investigating."

On Wednesday, Matthew Harris, the attorney representing Jennifer Read, sent to local media a copy of his client's petition to intervene in her husband's child custody case, and a link to the 2-minute that showed the final moments of Chad Read's life as he argued with Kyle Carruth on the home's front porch

What does the video of Chad Read's fatal shooting show?
The video opens with Kyle Carruth telling Chad Read to get off his property as Read argues with his ex-wife about not having one of his sons at the court ordered time.

Chad Read can be heard telling Christina Read that he was supposed to have him at 3:15 p.m. During the argument, Christina Read could be heard saying the child was not at the residence on 90th Street and that she was going to fetch him.

Christina Read can be heard telling Chad Read that she didn't abide by the court ordered deadline because she wanted to see their son.

"I don't care if you wanted to see him or not," Chad Read could be heard saying. "I get him at 3:15 p.m. If you want to see him, you see him up until 3:15. You keep trying to keep my son from me."

As Read threatened to subpoena multiple people, including Anne-Marie Carruth, Kyle Carruth emerges from the home armed with a rifle, saying, "I'm glad this is on video, I'm very glad."

Carruth yells at Read to leave and the two bump chests, with Read daring Carruth to use the weapon.

"Do it," Read can be heard saying. "You better ******* use it ************."

As the two argue, Carruth be seen firing a shot on the ground at Read's feet. Read can be seen grabbing the barrel of the rifle and during the struggle over the weapon, Read pushes away Carruth, who is thrown off a few feet, spins around and fires twice at Read, who could be heard saying, "think I'm ******* scared?"

The camera pans at Read who has dropped on the ground and Jennifer Read could be heard telling someone to call 911.

Before the video ends, Kyle Carruth can also be heard telling Jennifer Read, "None of you all should be here. I asked you to leave. I did everything ... I did not want to do any of this."

In her petition, Jennifer Read said that Christina Read has endangered the well being of the children, two boys age 9 and 14, by permitting them to be in the presence Kyle Carruth.

She also believes that Kyle Carruth and Christina Read plan to get married as soon as possible.

"The children are aware that Kyle Carruth shot and killed their father in front of their mother, step-brother, and myself," Read's affidavit states. "Christina's decision to allow either of these children to be in Kyle Carruth's presence has caused, and continues to cause, significant impairment of their emotional well-being. The oldest child has expressed to me that he blames his mother for the shooting, and that he will run away from home if he sees Kyle there again."