stagpanther
New member
Understood.Again, I'm not arguing guilt or innocence, only the applicability of Castle Doctrine.
Understood.Again, I'm not arguing guilt or innocence, only the applicability of Castle Doctrine.
Another interesting aspect to that point would be when the law is ambiguous you must rule in favor of the defense.
With the disclaimer that I am not a lawyer (we have some good ones here, but I'm not one of them), I respectfully submit that I think you are overlooking two things.ghbucky said:What I'm missing out of this is that we can only deploy deadly force to stop a threat to great bodily harm or death.
In the last few seconds of the life of the man who died, I do not understand how he offered a threat of great bodily harm or death to anybody. What action or move did he take that represented a threat? He was clearly aggressive, but he never struck or attempted to harm the shooter.
TX Castle Doctrine in no way changes what is required for a shooting to be justified, it merely shifts the entire burden of proof to the state if the qualifying circumstances apply.Depending on the law of the particular state, the Castle Doctrine may (or may not) remove the criterion on being in fear of imminent death or serious bodily harm.
In the last few seconds of the life of the man who died, I do not understand how he offered a threat of great bodily harm or death to anybody. What action or move did he take that represented a threat? He was clearly aggressive, but he never struck or attempted to harm the shooter.
I'm still conflicted on this one . Rittenhouse seemed pretty straight forward but this one not so much .
Not only did Reed threaten Carruth that he would take the gun and use it on him . Reed then made what could be reasonably thought to be an attempt to do that very thing when he grabbed the firearm as they both struggled .
Read was being verbally belligerent, had refused to leave the premises and when confronted with "force" he threatened Carruth. Upon grabbing the firearm, Read's strength and size advantage was certainly intimidating to Carruth. Once Read managed to swing Carruth off the porch, the future appears pretty damned bleak for Carruth.
The best predictor of the future is the past.
Think through the potential scenario if Read hadn't been shot. I fully understand this is only a thought game, but to get a better feel for what Carruth was facing, it applies, in my opinion. Read was being verbally belligerent, had refused to leave the premises and when confronted with "force" he threatened Carruth. Upon grabbing the firearm, Read's strength and size advantage was certainly intimidating to Carruth. Once Read managed to swing Carruth off the porch, the future appears pretty damned bleak for Carruth. Does anyone believe at that point Read would calm down and leave? What would have happened if he wasn't shot? The interaction was ramped up to a level of high risk for Carruth. Split second decisions as we all know are often difficult to untangle because of the complexity of conflict. The best predictor of the future is the past. Read didn't back down, he didn't show any intention of leaving. The trajectory of the conflict to that point was not favorable to Carruth. Perhaps the shooting wasn't ethically or morally acceptable to us sitting at home, but to a smaller man that was confronted with possible injury or death, the decision to shoot was likely correct.
I didn't see any physical stuff until Carruth got the gun and engaged in chest bumping with Reed.
It's worth keeping in mind that it's actually quite common for a person to know the person they kill.The other thing, that is huge IMO, that is missing here is that these people were not strangers. They had an existing relationship (that afaik, we know nothing about) which will likely inform potential motives.
"The Office of the Attorney General, acting as Attorney Pro Tem, presented to a Special Grand Jury of Lubbock County, the investigation into the shooting of Chad Read by Kyle Carruth that occurred in Lubbock, Texas on November 5th, 2021. The presentation of the case included several eyewitnesses, family of Chad Read, and additional evidence that was not previously released to the public. After several days of thorough inspection of the evidence, the Special Grand Jury concluded their investigation into the matter and deliberated on whether the evidence supported the filing of criminal charges against Kyle Carruth. The Special Grand Jury voted today to not indict for any criminal charges against Kyle Carruth."