The attorney’s comments come shortly after a video of a confrontation between Carruth and Read was released by an attorney for Read’s widow this week.
The footage depicts the confrontation between Read, Carruth, and Carruth’s partner — who has also been identified as Read’s ex-wife — in the moments before Carruth fired at Read. In the video, Carruth can be seen telling Read to leave. He then steps out momentarily to get a gun while Read exchanges heated words with a woman identified in family court records as his ex-wife.
Read and the woman were arguing over issues related to child custody.
Carruth returned with a gun and repeated his demand that Read leave. At that point, the video depicts Read telling Carruth to “use it” and saying he could “take it” from Carruth.
A second video released by Carruth’s attorney appears to show Read grab Carruth’s gun and swing him across a porch, at which point Carruth turns and fires on Read.
Police have not yet charged Carruth, nor have they said publicly if investigators believe the shooting was self-defense.
Carruth’s name was also not released by police, though he was named in family court records as the man who shot and killed Chad Read, 54, on Nov. 5. His attorney, David M. Guinn with Hurley, Guinn & Singh, also identified Carruth as the man brandishing the gun in the video.
“All Texans may lawfully brandish a firearm to protect themselves, their property and their business.” Guinn said.
Guinn also emphasized Read’s threat to take the gun from Carruth.
“And instantaneously, he tried to take the gun away from Kyle,” Guinn said. “In doing so he was power enough to sling Kyle 180 degrees around on Kyle’s patio.”
“Raising his left leg, he was continuing his advance on Kyle, threatening him and posing an immediate threat. Kyle responded,” Guinn claimed. “This is a justifiable homicide.”
Read’s widow Jennifer Read, meanwhile, has filed a petition to take custody of Read’s children away from his ex-wife, according to her attorneys. In an affidavit, Jennifer Read further claims that Read’s ex-wife “is endangering the physical and emotional well-being of the children by permitting them to be in the presence of the man that murdered their father.”
Together with her attorneys, Jennifer Read says the video she released is evidence that Read’s children should no longer be in the custody of Read’s ex.
“Rather than restating what is already stated in her Petition, and Affidavit attached thereto, Jennifer Read is releasing the video of Kyle Carruth’s shooting of her husband and allowing the video and Affidavit to speak for themselves,” reads a statement released by Jennifer Read’s attorneys, in part.