Kyle Carruth, through his attorney, is asking that two wrongful death lawsuits filed against him in connection with a Nov. 5 shooting death in South Lubbock be consolidated and moved to a different jurisdiction.
They argue that the media coverage surrounding the case – magnified by social media attention – has tainted potential Lubbock jurors.
The two lawsuits, which were filed separately by Read’s widow, Jennifer Read, and his mother, Jinx Read, accuse Carruth, a land developer and ex-husband of 72nd District Court Judge Anne Marie Carruth, of negligently causing Read’s death during an argument that ended with gunshots on Kyle Carruth’s property in the 2100 block of 90th Street.
The lawsuits also list Carruth’s businesses, which are located at the same address, as defendants in the case and argue that Carruth’s use of deadly force was unwarranted and negligent.
In a news conference more than a month after the shooting, Jennifer Read told reporters that she and her husband went to Carruth’s property to ask Read’s ex-wife Christina Read, who is Carruth’s employee and girlfriend, where one of their sons was as Chad Read was supposed to have him for that week.
Jennifer Read also provided a video of the shooting as part of an intervening petition she filed in Chad and Christian Read’s child custody case to get sole custody of her step-children. However, that case was dismissed upon Chad Read’s death.
In the video, Chad and Christina Read could be seen arguing as Carruth could be heard telling him to leave. Carruth could be seen entering the property, returning about a minute later armed with a rifle, again telling Read to leave.
Read turns his attention to the Carruth and the two quarrel. During the fray, Carruth fires a shot on the ground near Read’s feet and Read reaches for Carruth’s weapon and the two struggle over the rifle.
The struggle ends with with Carruth, still holding the weapon, being thrown a few feet away. He spins around and fires two shots at Read, who drops to the ground.
In his response to both lawsuits, Carruth’s attorney, H. Grady Terrill, stated his client was forced to use deadly force “to defend himself, his property and others, which caused the death of Chad Read.”
Meanwhile, Terrill is asking for the cases to be consolidated and suspended until a related criminal investigation is completed.
At present, the Texas Attorney General’s Office is investigating the case after Lubbock County District Attorney Sunshine Stanek recused her office from it, citing the case involves a local elected official related to the suspect.
Terrill argued that the overlap between the civil and criminal cases could lead to a violation of his client’s right against self-incrimination.
“Because the two cases arise from the same alleged facts, Carruth faces the unenviable prospect that every statement he makes in this civil proceeding could be used against him in the criminal case,” the motion states.
The lawsuits were assigned to the 237th and 72nd District Courts. The judges in both courts filed motions to recuse themselves from the case. Ninth Administrative Judge Ana Esteves assigned Senior District Judge Sid Harle out of San Antonio to the case. However, Jinx Read, filed an object to Harle’s assignment, which would would likely result in a new judge being assigned to the case.
Should the cases proceed to trial, Terrill is asking that the case be moved to another jurisdiction arguing his client would be an unable to have an impartial trial in Lubbock.
He is asking the the cases to be moved to district courts in either Smith, Harris or Cherokee counties.
The motion included affidavits from three people described as “disinterested parties” who believe the media coverage of the case and resulting social media discussions has prevented Lubbock residents jurors from being impartial jurors in the cases.
“There is a combination against (Carruth)instigated by influential persons in Lubbock County, by reason of which (Carruth) cannot expect a fair and impartial trial, and an impartial trial cannot be had in Lubbock County, Texas,” the motion states.