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#61
Nov 27 2021 08:40am
Quote (bogie160 @ Nov 26 2021 08:27pm)
Going back to grab the gun is a mistake; Chad Read is busy threatening to take them to court, no one appears to be in physical danger. But if Carruth has a right to brandish a firearm in that specific situation, then it may be difficult to convict him. He doesn't shoot (the warning shot) until Chad threatens to take his gun and kill him, and he doesn't shoot Chad until Chad tries to forcibly take the gun from him.

It'll be interesting to see what the larger history was. Kyle Carruth's lawyer is asserting that Chad Read was threatening his client the day before. If Kyle was aware that Chad Read meant him physical ill-will, then it may justify why he felt the need to obtain a firearm.


As a follow-up, I wonder whether the warning shot will come back to bite him. If he did not feel that his life was in danger sufficient to require the use of deadly force, then he may have forfeited his right to self-defense.

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#62
Nov 27 2021 06:14pm
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#63
Nov 27 2021 06:18pm
Quote (Santara @ Nov 27 2021 04:14pm)
A good unpacking of the case: https://twitter.com/AmySwearer/status/1464331435062534147


yea if the state law doesn't allow self defense based on "get off my lawn"
shooter is fucked
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#64
Nov 27 2021 08:33pm
self defense
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#65
Nov 27 2021 09:04pm
Clear cut murder.
It is not trespassing at all, he has a COURT ORDER stating he can pick up his child from that property.
Imagine if all child custody situations could be resolved by pulling a gun and crying trespass when the other parent shows up for their court ordered time of pick up..
Ridiculous to even consider this as anything but murder.

This post was edited by Plaguefear on Nov 27 2021 09:14pm
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#66
Nov 27 2021 09:21pm
Guy blocks father from seeing his kids, gets verbal’d, and introduced deadly force to a verbal exchange.
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#67
Nov 28 2021 12:24am
Quote (bogie160 @ Nov 27 2021 09:40am)
As a follow-up, I wonder whether the warning shot will come back to bite him. If he did not feel that his life was in danger sufficient to require the use of deadly force, then he may have forfeited his right to self-defense.



I have nothing to say about this case because of how irrelevant it is but I will point out how 9/10 times some talking head in the media says “why didn’t x fire a warning shot.

Not even trying to make an argument I just want to point out how stupid firing a warning shot is, especially when fired straight up as so many warning shot enthusiasts seem to recommend as an alternative.
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#68
Nov 28 2021 02:28am
Quote (Santara @ Nov 27 2021 06:14pm)
A good unpacking of the case: https://twitter.com/AmySwearer/status/1464331435062534147


A very good point in there: This guy is likely not trespassing, and had legal authority to be there by court order, and the shooter had no legal authority to tell him to leave. So that really moots all the arguments based on 'stopping a trespasser'
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#69
Nov 28 2021 03:50pm
Seeing the video at face value I have to go with murder however there are several factors at play here including the fact that the shooter's ex is a judge, supposedly the person that was shot was making threats towards the his ex and the shooter. I do think there is enough here to bring it to court and litigate it.
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#70
Nov 29 2021 04:32am
I'm impressed with how calm Carruth was.

From a legal perspective, crafty lawyers might be able to nab him on some technicality about Read having a right to be on the property. But from an ethical perspective, it was obviously self defense. Read was the angry one. He had threatened to take the gun away, then he made aggressive action to do just that.

If Carruth was justified to possess the gun in the first place, then he was clearly justified to use it based on that threat.


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