Geary Law moves to dismiss lawsuit targeting podcast commentary
Motion argues that the suit seeks to penalize, and permanently silence, the exercise of free speech and public discussion of an unsolved homicide and investigation.
LUBBOCK, Texas — Geary Law, PC, on behalf of Defendants, Jason Wood, Candice Rose (also known as Candice Childress), Shay Kindle, and Stephanie Nichols, has filed a motion to dismiss a lawsuit pending in the 99th District Court of Lubbock County, Cause No. DC-2026-CV-1407. The motion is brought under the Texas Citizens Participation Act (TCPA), Chapter 27 of the Texas Civil Practice and Remedies Code.
The lawsuit arises from episodes of the Intoxicology True Crime Podcast and related social media posts discussing the unsolved 2006 homicide of Jonathan “Wongo” Kindle in Bailey County, Texas, and the investigation into that death. The Plaintiff, Jennifer Kurlander, (previously known as Jennifer Sparkman) was in a dating relationship with Wongo at the time of his death. She was also the person who discovered his body.
Kurlander asserts claims for tortious interference and civil conspiracy. Kurlander asks the Court to enter a permanent injunction that would prohibit the defendants from publicly discussing or commenting on Kurlander in any context and would require them to stop making previously published podcast episodes available.
The Texas Legislature enacted the TCPA to protect Texans’ constitutional rights to speak freely and to participate in public life, while preserving the right to bring meritorious lawsuits. When a legal action is based on or in response to speech on a matter of public concern, the TCPA allows the defendant to seek early dismissal.
The motion argues that every claim and every form of relief in the lawsuit rests on the podcast and social media communications themselves. Texas courts have recognized that discussion of criminal acts, unsolved deaths, and the adequacy of law enforcement investigations concerns matters of public concern. The motion also contends that the requested injunction would operate as an unconstitutional prior restraint on future speech and would require the removal of speech already published.
“Texans have a constitutional right to talk about unsolved crimes and to ask questions about how public investigations are conducted,” said Larkin Davis, Senior Attorney with Geary Law. “The Texas Citizens Participation Act exists so that lawsuits aimed at speech on public issues are tested early, before defendants are forced through years of costly litigation. We look forward to defending our clients’ right to free speech and to seek justice for Wongo.”
Defendants are represented by Elizabeth Geary and Larkin Davis with Geary Law, PC.
Media contact: Larkin Davis, Geary Law, PC; larkin@geary.law
