•According to the daily mail reporting, a footage showed Kyle Carruth opening fire on Chad Read after wrestling over the gun in Lubbock, Texas.
•The shooters' lawyers are arguing that it was 'justifiable homicide' and carried out in self defence.
A Texas man shot his partner's ex-husband during a child custody row outside of his home.
According to the Daily Mail, footage showed Kyle Carruth opening fire on Chad Read after wrestling over the gun in Lubbock, Texas.
"However, Carruth has not yet been charged by police over the killing with his lawyers arguing that it was 'justifiable homicide' and carried out in self defence," the Daily Mail said.
"The argument leading up to the November 5 shooting centred around a custody dispute over the children of Chad Read and his ex-wife Christina Read."
In an affidavit, Jennifer Read has since accused Christina Read and Kyle Carruth of engaging 'in a conspiracy to assault and/or murder Chad that day,' and claims that Chad had threatened to expose Carruth's affair with Christina.
She has said Carruth was already married to Judge Ann-Marie Carruth, who is the judge of the 72nd District Court in Crosby and Lubbock counties, and that Chad Read had threatened to expose the affair.
The woman and her attorney said they released the footage of 'Kyle Carruth's shooting of her husband' and the affidavit to 'speak for themselves'.
Carruth has not been charged over the incident. Carruth's attorney, David Guinn, told a local news outlet that the shooting was done in self defense, saying that Chad Read was trespassing on his property, citing the Castle Doctrine.
Guinn said the video 'confirms the Lubbock Police's thorough work reflects this as a justified homicide'.
'When a trespassing Chad Read advanced on Carruth, who was standing within feet of the front door of his home and office, employees there, 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 get pointed at Read at the fatal moment,' Guinn said.
Chad Read, Guinn added, had every opportunity to leave the property, saying that he was 'threatening to others' and that he 'chose to advance on Carruth'.
'Read said he'd take the gun and kill him with it,' the lawyer said. 'The gun went off into the patio, that still did not deter Mr Read, who then grabbed the gun and tried to kill Kyle.'