Disturbing cell phone footage out of Texas shows a Texas man fatally shooting his partner’s ex-husband during a child custody battle.

The victim's widow, Jennifer Read, shared cell phone footage with her attorney that was later released to the public on Tuesday. In the footage, Lubbock, Texas, man Kyle Carruth can be seen standing outside of a home with a long barrel gun. The victim, 54-year-old Chad Read, and Carruth engage in a verbal argument that quickly escalates after Carruth allegedly fires a shot into the ground near Read’s feet. The shot appears to agitate Read further, and the men begin to push against one another in an aggressive manner as Read reaches for the barrel of the gun. Carruth can be seen moving away from Read as he takes a shooting stance and pulls the trigger, firing several shots into Read’s chest.

David Guinn, attorney for Kyle Carruth, shared with local news outlet KCBD that the shooting was a “justified homicide” and that the cellphone footage clearly depicts that.

“When a trespassing Chad Read advanced on Mr. Carruth, who was standing within feet of the front door of his home and office, employees there, Mr. Read said I’ll take your gun and effing kill you with it and then tried to. It was then and only then did that gun gets pointed at Mr. Read at the fatal moment,” Guinn explained. “Mr. Read had every opportunity to leave, to try to escalate [sic] the situation. He was threatening to others. Police had been called and he knew that, Mr. Carruth came out the door, the gun pointed in the air, and told him to leave. Most people would have.”

In the state of Texas, Castle Doctrine laws protect individuals in the event they use deadly force when there is a threat on their property. Carruth’s lawyer explains that Carruth had every right “to defend himself, others or his property.”

David Reddell, a Houston-based criminal defense attorney who is not involved in this case, explains that both the Castle Doctrine (subchapter D of Chapter 9 of the Texas Penal Code) and the Stand Your Ground Law (subchapter C of Chapter 9 of the Texas Penal Code) are being argued in this case. The Castle Doctrine, Reddell explains, is related to the protection of property, while the Stand Your Ground defense could apply anywhere.

“Under both of these,” says Reddell, “a person is allowed to use deadly force with no duty to retreat when the person reasonably believes that deadly force is immediately necessary to prevent serious bodily injury or death.”

Read’s widow has since filed a petition to get custody of her 11-year-old stepson who was at the residence at the time of the shooting. In the affidavit, Read explains, “I am the stepmother of the children the subject of this suit. The mother of the children, Christina Read, has endangered the physical health and emotional well-being of the children by permitting them to be in the presence of the man that murdered their father, Chad Read. Chad Read was assaulted by Kyle Carruth, and then murdered by Kyle Carruth.”

Her affidavit goes on to detail an affair that was going on between Carruth and Chad Read’s ex. “Chad Read informed Christina Read that he had evidence of her affair with Kyle Carruth and that he was going to go public with it,” she explains. “I believe that Christina Read and Kyle Carruth engaged in a conspiracy to assault and/or murder Chad that day.”

No charges have yet to be filed in this case and no arrests have been made. This latest shooting under the guise of Texas’ stand-your-ground law mimics a similar shooting that happened in the state earlier this year. In late October, 65-year-old Texas man Terry Duane Turner fatally shot a Moroccan man, 31-year-old Adil Dghoughi, after Dghoughi parked outside of Turner’s home. Authorities believed Dghoughi stopped to look up directions because he was lost before Turner shot him unprovoked. Turner was arrested 11 days after the shooting and has claimed defense under Texas’ Castle Doctrine law.

As a final comment to the current case, attorney Reddell points out that in the latest session of the Texas legislature, House Bill 196 was proposed that would have required a homeowner to retreat into their habitation before resorting to deadly force. “That bill did not become a law,” Reddell says, “and it is unknown whether it would have applied in this case even if it had become law.”