I'm surprised that the grand jury decided not to pursue charges against Kyle Carruth in this case.

in carruth •  3 years ago 

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https://eu.lubbockonline.com/story/news/courts/2022/03/31/kyle-carruth-chad-read-fatal-shooting-lubbock-grand-jury-no-charges/7239858001/

Now, before anybody jumps on this and says that Carruth is getting away with murder because Texas has dumb laws, so far as I can tell, that's not the case. Texas does have some of the strongest castle doctrines in the country. What is true is that this shooting happened in a state like Massachusetts, Carruth would be on trial for his life with the odds stacked against him.

Chad Read did show up to Kyle Carruth's house and he was behaving belligerently. Carruth went inside his house to retrieve his gun presumably to intimidate Read into leaving - which is fine. Read closed distance and got into Carruth's face. Read then tried to take the gun. Carruth was spun several feet away. Read was standing still when Carruth planted his feet and fired two shots into Read's chest, killing him.

Even to me, as a strong 2A guy and supporter of stand your ground, this looked like manslaughter. In order to justify the use of deadly force, you must reasonably believe that your life is in imminent danger. If Read were fired upon in the process of trying to disarm Carruth, this would be a self defense shooting. If after the original altercation, Read began to move toward Carruth or reach for his waistband, Carruth's case would be much easier to make. Read was just standing there after the original scuffle.

Still, this is a component to the legal process that we have to understand before we start talking about changing laws. Grand juries decided to indict only based on the prosecution's side of the story. There's a low bar and usually the prosecutors are in the driver's seat when it comes to whether or not a person will be facing charges.

Prosecutors get elected and they make political decisions. Kyle Rittenhouse was so clearly and obviously not guilty under Wisconsin law from the beginning that it required an activist prosecutor to get the indictments in the first place. I think that this is activism in the other direction. The grand jury is operating off of probable cause. I see probable cause against Carruth. I don't see a slam dunk conviction; but, I can see a strong argument for a push for him to stand trial.

But, what do I know?

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