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-   -   News Murder charges in revenge killing by father of children slain by drunk driver (https://www.chiefsplanet.com/BB/showthread.php?t=269960)

ReynardMuldrake 02-12-2013 01:31 PM

Murder charges in revenge killing by father of children slain by drunk driver
 
I know how I would vote if I was on that jury...

Quote:

An Alvin father remained in the Brazoria County Jail Monday, charged with murder in the alleged revenge killing of a drunk driver who plowed into his truck, killing his two young sons last December.

David Barajas Sr., 31, a construction worker, is being held in lieu of $450,000 bail in the fatal shooting of 20-year-old Jose Inez Banda minutes after the Dec. 7 crash that claimed the lives of Barajas' 11- and 12-year-old sons.

"The whole incident is extremely tragic," said Brazoria County sheriff's lead investigator, Dominick Sanders. "The grand jury reviewed it and has indicted him for murder."

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin, investigators said. The inebriated driver failed to swerve or even apply his brakes before plowing into the truck and crushing Barajas' sons, David Jr., 12, and Caleb, 11.

The boys had been helping their father push their disabled truck and were less than 150 yards from their driveway when they were hit. Caleb was pronounced dead at the scene, and David Jr. died shortly after arrival at Memorial Hermann Hospital. Their father escaped serious injury.


Barajas' wife, Cindy, and their 8-year-old daughter and 3-month-old son, had remained seated inside the truck and were not hurt.

Several minutes after the crash, 911 operators began receiving phone calls about the accident and recorded a sound of gunfire. Investigators arrived at the scene to find Banda slumped in the front seat of his car with a bullet wound to his head. He never regained consciousness.

The weapon used in the shooting has not been found, said Brazoria County Sheriff's investigator Dominick Sanders.

During a two-month investigation, authorities located a witness who reported seeing David Barajas walk from the crash scene to his nearby home and return to Banda's car, after which the witness heard gunshots.

The witness was not close enough to see if Barajas had a weapon in his hand, Sanders said.

Investigators later searched Barajas' home, where they found an empty holster and some unused ammunition but no gun, Sanders said.

Both Barajas' and Banda's hands were checked for gun residue, but tests have not yet been completed.

DNA testing also remains underway on blood samples taken from Banda's vehicle.

A Brazoria County grand jury reviewed the evidence and heard testimony from Barajas before indicting him Friday for murder.

"His testimony is sealed and no statement about it can be released at this time," said Sanders.

Shortly after the accident, Barajas told relatives that he could not recall anything beyond rushing to the aid of his sons.

"It was worse than any movie scene because it was real," Barajas' brother, Gabriel, said. "The next thing my brother remembered was waking up in a hospital naked" after his clothing, drenched in his sons' blood, had been removed.

On Monday, Gabriel Barajas was shocked to learn his brother was in jail.

"I just knew he had been working to move forward in his life and take care of his two other children," he said.

Other Barajas family members could not be reached for comment.

Meanwhile, Banda's family has kept vigil, waiting for answers, by posting remembrances on a "rest in peace" Facebook page.

Felicia, Banda's wife, now raising their infant daughter alone, posted several comments just before the murder indictment was announced.

She wrote about missing Banda more than ever since his death two months earlier and told how she still proudly wears his picture on the back of her shirts and sweaters to remember him, "Because you still mean the world to me."

The Facebook page earlier had been a battleground, with angry postings by supporters of Banda, who complained of a vigilante killing, and supporters of Barajas, who described the boys' deaths as murders.

Sanders said grand jurors rejected a "crime of passion" defense because Barajas had time to reflect about what he was planning to do when investigators contend he went home to get a gun.

Barajas' neighbors say the family has moved from the house where they lived when the accident occurred.

"There's still two wooden crosses on the roadside where their boys died," said neighbor Michelle Tombs. "I bought some more permanent ceramic crosses to replace them. It's very sad. Their grandparents, who live across the street, hardly come outside much any more."
http://www.chron.com/news/houston-te...er-4270089.php

saphojunkie 02-12-2013 01:33 PM

This is murder, plain and simple. The circumstances don't change that.

And I would vote not-guilty 1,000 times out of 1,000.

The Franchise 02-12-2013 01:33 PM

I don't see a problem with what he did.

notorious 02-12-2013 01:34 PM

Justified.


**** that piece of shit. If there is a Hell I hope he is rotting in it right now.

HolyHat 02-12-2013 01:36 PM

What a terrible story. I'd probably do the same thing in the same position if some **** head drunk killed my kid.

But then again...how the **** do you allow yourself to run out of gas with your entire family in the car. This could have all been avoided with a trip to Shell.

Imon Yourside 02-12-2013 01:36 PM

Horrible story man, but he did what he thought he had to do.

Pablo 02-12-2013 01:38 PM

Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

BigMeatballDave 02-12-2013 01:38 PM

I'd never vote to convict.

LOCOChief 02-12-2013 01:39 PM

wow, very sad. A little surpirsed by the jury. I can only imagine I would do the same exact thing as I don't know how I would be able to keep myself from killing the person that killed my boys. There's alot of ruined lives from this.

stonedstooge 02-12-2013 01:41 PM

Probably a manslaughter charge with minimal jail time and probation

Deberg_1990 02-12-2013 01:45 PM

Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible situation even worse.

Pablo 02-12-2013 01:48 PM

Quote:

Originally Posted by Deberg_1990 (Post 9396659)
Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible situation even worse.

The right thing would have probably been to raise your other two children. Old west style justice doesn't help his wife and other kids.

BigCatDaddy 02-12-2013 01:50 PM

Quote:

Originally Posted by Pablo (Post 9396632)
Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

Doubt he does much if any jail time.

notorious 02-12-2013 01:51 PM

We are all level headed when we watch two of our own children get slaughtered by a car driven by a drunk that didn't even touch the brakes.


:facepalm:

Reerun_KC 02-12-2013 01:51 PM

Quote:

Originally Posted by Pablo (Post 9396668)
The right thing would have probably been to raise your other two children. Old west style justice doesn't help his wife and other kids.

Hes not guilty in my book... No way he should do a minute of jail time...

so he did the right thing.

Easy 6 02-12-2013 01:52 PM

Quote:

Originally Posted by Pablo (Post 9396632)
Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

This.

Its more than easy to understand his anger, but now things are twice as bad.

WhiteWhale 02-12-2013 01:52 PM

I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

HolyHat 02-12-2013 01:53 PM

It sounds like they won't have enough evidence to prove much of anything against the dad. And that's a beautiful thing.

BigCatDaddy 02-12-2013 01:54 PM

Quote:

Originally Posted by scott free (Post 9396680)
This.

Its more than easy to understand his anger, but now things are twice as bad.

I don't think "anger" would be the exact term I would use.

BigCatDaddy 02-12-2013 01:54 PM

Quote:

Originally Posted by Mr. Pink (Post 9396684)
It sounds like they won't have enough evidence to prove much of anything against the dad. And that's a beautiful thing.

They probably didn't look too hard.

Easy 6 02-12-2013 01:55 PM

Quote:

Originally Posted by BigCatDaddy (Post 9396685)
I don't think "anger" would be the exact term I would use.

Ok, lets go with "molten fury"

Reerun_KC 02-12-2013 01:55 PM

Quote:

Originally Posted by BigCatDaddy (Post 9396686)
They probably didn't look too hard.

Props to them for not looking hard...

suds79 02-12-2013 01:55 PM

Quote:

Originally Posted by WhiteWhale (Post 9396681)
I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

This might be the first time in my life where I've heard that term and haven't thought what a crock of shit.

The one in a million case IMO where it could be legitimate.

Sad story.

blaise 02-12-2013 01:55 PM

I hope he goes free, but I wouldn't have my 11 and 12 year old pushing a truck on an unlit country road at night.

Mother****erJones 02-12-2013 01:56 PM

Anyone who sticks up for that asshole drunk driver is an asshole! **** all those supporters on facebook

GloryDayz 02-12-2013 01:58 PM

I'd be more than happy to let him out on $1's bail and set the initial court date for 2092... Then play back my not-guilty recording from 2013...

**** it, I partake, but I think a healthy fear for your life when making stupid decisions is always good too...

PaulAllen 02-12-2013 02:00 PM

Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

Strongside 02-12-2013 02:02 PM

This guy needs to hire Matthew McCaonaughey.

listopencil 02-12-2013 02:03 PM

If I'm on that jury...no. I don't vote to convict him of anything.

Skyy God 02-12-2013 02:10 PM

Quote:

Originally Posted by suds79 (Post 9396692)
This might be the first time in my life where I've heard that term and haven't thought what a crock of shit.

The one in a million case IMO where it could be legitimate.

Sad story.

Yeah, but that's severely compromised by his walking 300+ yds to get a gun.

Quote:

Originally Posted by PaulAllen (Post 9396714)
Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

We have a winner. The gun was a bad call.

Deberg_1990 02-12-2013 02:13 PM

I know a guy who lost his 6 year old son and his two other kids were seriously hurt in a traffic accident back in 2006. A 19 y/o street racer crashed into them while they sat at a traffic light. Kid bragged about how it was "no big thing" on his social media page for a few years before he finally got sentenced to jail. To this day, i have no idea how my friend kept it together or still does. If he would have taken that kid out, i would have applauded. This country could use a little more "old school" justice in certain situations.

listopencil 02-12-2013 02:16 PM

Quote:

Originally Posted by PaulAllen (Post 9396714)
Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

I can't say that I really know what I would have done. In all probability I would have beaten the guy to death with my bare hands.

BigCatDaddy 02-12-2013 02:52 PM

Quote:

Originally Posted by Cave Johnson (Post 9396733)
Yeah, but that's severely compromised by his walking 300+ yds to get a gun.



We have a winner. The gun was a bad call.

I wonder how long after seeing your kids getting ran over by a drunk until you are cosidered in your right mind? I'm pretty sure for me it would be longer then would I would walk a 1/2 mile in.

mr. tegu 02-12-2013 03:08 PM

Quote:

Originally Posted by blaise (Post 9396693)
I hope he goes free, but I wouldn't have my 11 and 12 year old pushing a truck on an unlit country road at night.

I completely agree. I wonder what the speed limit was. Would anyone have been able to avoid hitting them?

Oh, and drunk drivers are some of the worst scumbags there are. Especially when they go out and know they plan on drinking a lot.

Iowanian 02-12-2013 03:15 PM

I wouldn't think a man under those circumstances would be expected to be in his right mind. Temporary insanity should be a very sound defense.

Put yourself in his place for a minute.

You're pushing a truck within sight of your home. Some drunken asshole smashes the bodies of your sons between his car and the bumper of your truck. Injuries are grotesque. Your sons are dying, your wife and living children are screaming.....and the asshole who is responsible is 8' away from you.

I'd wager more than 1 normally sane person could snap.

He should get manslaughter and minimal time in the pen.

Ace Gunner 02-12-2013 03:26 PM

alcohol=helluva drug

Prison Bitch 02-12-2013 03:45 PM

Guy had kids at 18?

Saul Good 02-12-2013 03:56 PM

Hooray for shooting a guy to death in front of his wife and young children.

You run out of gas on an unlit county road in the middle of the night and decide to have your young children help push the truck home?

WTF? Go home and come back in the morning with a can of gas, you ****ing stooge. Even a sober driver would have been a serious threat to everyone's safety. That isn't to excuse the drunk driver, but you don't get to go around shooting people to death in front of their families after you both did something incredibly negligent.

This is Trayvon vs Zimmerman all over again.

DTLB58 02-12-2013 03:56 PM

Quote:

Originally Posted by Prison Bitch (Post 9396976)
Guy had kids at 18?

I don't mean to sound sarcastic but, you haven't heard of the epidemic that is teen pregnancy in this country?

Amnorix 02-12-2013 03:58 PM

Quote:

Originally Posted by WhiteWhale (Post 9396681)
I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.


Ayep.

duncan_idaho 02-12-2013 04:10 PM

Two things I'm interested to see here:

1) Does the father's hand test positive for gunshot residue?
2) Is the gun ever found?

If the answer to both of those is "no," it's hard to imagine there being enough evidence to convict him.

Also, I wonder how the 911 call was placed. Was it by cell? Or from the house? That would be a possible explanation for the dad running to the house like he did.

Prison Bitch 02-12-2013 04:13 PM

Quote:

Originally Posted by DTLB58 (Post 9397014)
I don't mean to sound sarcastic but, you haven't heard of the epidemic that is teen pregnancy in this country?

It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.

jspchief 02-12-2013 04:13 PM

I have faith in a jury to handle this properly.

jspchief 02-12-2013 04:14 PM

Quote:

Originally Posted by Prison Bitch (Post 9397070)
It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.

Good point. Oh wait, no it isn't. It has nothing to do with the story.

big nasty kcnut 02-12-2013 04:23 PM

Well one thing the mom and other kids were too stunned to notice the dad do anything. Plus no real good eyewitness. He will be free. Also i hate people that drive while their drunk you give people who drink a bad name.

tooge 02-12-2013 04:27 PM

temporary insanity. Not guilty.

jiveturkey 02-12-2013 04:30 PM

Quote:

Originally Posted by Iowanian (Post 9396869)
I wouldn't think a man under those circumstances would be expected to be in his right mind. Temporary insanity should be a very sound defense.

Put yourself in his place for a minute.

You're pushing a truck within sight of your home. Some drunken asshole smashes the bodies of your sons between his car and the bumper of your truck. Injuries are grotesque. Your sons are dying, your wife and living children are screaming.....and the asshole who is responsible is 8' away from you.

I'd wager more than 1 normally sane person could snap.

He should get manslaughter and minimal time in the pen.

Hard to argue with this.

What would everyone thoughts be if the driver wasn't drunk? It's an unlit road so it could have just as easily been anyone (probably a lot less likely though).

MOhillbilly 02-12-2013 06:22 PM

Something like this happened in Spfld. a couple years back.

BigMeatballDave 02-12-2013 06:24 PM

Quote:

Originally Posted by TimBone (Post 9397493)
As sad as it is, he's got to do at least a little time....or else the justice system is giving a green light for vigilante justice, right?

Some see it as justifiable homicide.

Probably do some time in a psychiatric hospital.

Brock 02-12-2013 06:43 PM

Quote:

Originally Posted by Prison Bitch (Post 9396976)
Guy had kids at 18?

You're a ****ing moron?

Setsuna 02-12-2013 07:07 PM

I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

Brock 02-12-2013 07:09 PM

Quote:

Originally Posted by Sandusksuna (Post 9397708)
I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

The sage voice of experience weighing in again.

BigRedChief 02-12-2013 07:19 PM

Quote:

Originally Posted by saphojunkie (Post 9396618)
This is murder, plain and simple. The circumstances don't change that.

And I would vote not-guilty 1,000 times out of 1,000.

Justifiable homicide?

BigRedChief 02-12-2013 07:23 PM

Quote:

Originally Posted by TimBone (Post 9397493)
As sad as it is, he's got to do at least a little time....or else the justice system is giving a green light for vigilante justice, right?

We can't allow our society to devolve into vigilante justice. No one profits from that scenario.

His anger about the death of 2 of his kids results in his other 2 kids losing their father. No one wins here.

KC native 02-12-2013 07:24 PM

He may be indicted, but it probably won't go to trial. No witness to the actual shooting. No gun. Sympathetic circumstances. No prosecutor wants that loss on his record.

KC native 02-12-2013 07:25 PM

Quote:

Originally Posted by Prison Bitch (Post 9396976)
Guy had kids at 18?

JFC, miss the point much?

Who ****ing cares how old he was when he had kids.

KC native 02-12-2013 07:27 PM

Quote:

Originally Posted by Prison Bitch (Post 9397070)
It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.

And you ****ing add on with this. Die in a ****ing fire you mouth breathing piece of shit.

Saul Good 02-12-2013 07:58 PM

Quote:

Originally Posted by Brock (Post 9397593)
You're a ****ing moron?

What's with the question mark?

HonestChieffan 02-12-2013 08:49 PM

Anyone involved in this here legally?

trndobrd 02-12-2013 09:03 PM

The man is guilty!

Illegal discharge of a firearm within city limits. $150 fine. Next case...

ThaVirus 02-12-2013 10:08 PM

Quote:

Tests showed Banda's blood alcohol was twice the legal limit when his Chevrolet Malibu rear-ended the Barajas' family's Ford 250 truck that had run out of gas on an unlit county road near Alvin, investigators said. The inebriated driver failed to swerve or even apply his brakes before plowing into the truck and crushing Barajas' sons, David Jr., 12, and Caleb, 11
I'm not sure if I'm reading this right, but it sounds like the guy slammed into the back of the truck... with the kids in between the two?

****. That's terrible.

Demonpenz 02-12-2013 10:11 PM

Sounds like a Coors Commercial

Brock 02-12-2013 10:15 PM

Quote:

Originally Posted by Demonpenz (Post 9398525)
Sounds like a Coors Commercial

My god.LMAO

mnchiefsguy 02-12-2013 10:17 PM

Tragic story. If there was ever a case to be made for temporary insanity, I think this would certainly qualify.

BWillie 02-13-2013 12:48 AM

Jesus Christ you people are demented....and you condone this sort of thing. Unbelievable.

If this guy doesnt get the worst worst possible manslaughter charge then it is bullshit. Guy should get murder charge IMO. He knew what he was doing all along.

BWillie 02-13-2013 12:58 AM

Quote:

Originally Posted by Deberg_1990 (Post 9396659)
Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible even worse.

"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. fuck no.

Like it or not this was an accident. A grossly negligent one, but that doesnt make it right.

I can see all the lunatic dads on this thread. These are the type of guys that if your kid gets his ass kicked at school you go run over to the parents house with a bat. Idiots.

WhiteWhale 02-13-2013 01:07 AM

Quote:

Originally Posted by Sandusksuna (Post 9397708)
I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

The ****?

Yeah, because it's totally cool if the SON is unstable. :spock:

Rudy tossed tigger's salad 02-13-2013 04:57 AM

Quote:

Originally Posted by Mr. Pink (Post 9396626)

But then again...how the **** do you allow yourself to run out of gas with your entire family in the car. This could have all been avoided with a trip to Shell.

This.

ChiliConCarnage 02-13-2013 07:43 AM

disgusting and sad :| We don't have all the details obviously but what were given I'd have to convict him. I'd hope for a lenient sentence though.

I wonder if the driver of the car was already dying before the father came back and shot him? He was still seated in the front seat of the car minutes later so I'd assume he was either unconscious, immobilized somehow, or badly badly injured. I wonder if that would change the fathers case for better or worse

Gary 02-13-2013 08:36 AM

Quote:

Originally Posted by WhiteWhale (Post 9396681)
I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

I could see almost any father would go full on Martin Riggs at that moment: http://youtu.be/mp9YWsV0W8I?t=1m15s

WV 02-13-2013 08:56 AM

Quote:

Originally Posted by BWillie (Post 9398878)
"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. fuck no.

Like it or not this was an accident. A grossly negligent one, but that doesnt make it right.

I can see all the lunatic dads on this thread. These are the type of guys that if your kid gets his ass kicked at school you go run over to the parents house with a bat. Idiots.

You witness two of your kids smashed to death by a drunk driver and you wouldn't act irrationally or possibly want to end this douche bags life?? I think he just followed through with what every normal father would think about doing. Good luck though re-living the tragedy over and over again in court while the drunk douche sits alive and well because he was negligent.

ReynardMuldrake 02-13-2013 09:03 AM

Quote:

Originally Posted by ChiliConCarnage (Post 9399004)
I wonder if the driver of the car was already dying before the father came back and shot him? He was still seated in the front seat of the car minutes later so I'd assume he was either unconscious, immobilized somehow, or badly badly injured. I wonder if that would change the fathers case for better or worse

He was drunk, so I'm sure he was perfectly unharmed.

Omaha 02-13-2013 10:35 AM

Quote:

Originally Posted by PaulAllen (Post 9396714)
Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

I don't like the idea of letting anyone think it's OK to take the law into his/her own hands.

That said, I can't even imagine what I'd do if this happened to me, but I think it'd be more along these lines. It makes me sick to even think about this.

Chief Gump 02-13-2013 10:55 AM

The only problem with this entire story is whether the dad knew the guy was drunk. Horrible accidents happen when people are completely sober, he could have been shooting someone completely sober. I still probably don't want him convicted of murder.

DonkyPuncher 02-13-2013 01:18 PM

Should have just beat him to death, as a father that's what I would have done..

Rausch 02-13-2013 01:25 PM

Quote:

Originally Posted by DonkyPuncher (Post 9399956)
Should have just beat him to death, as a father that's what I would have done..

We've got one of those in here doing life.

Saw a man raping his daughter and beat him to death.

Yes, despite that, despite the fact any father would clearly go temporarily insane, he got life...

DonkyPuncher 02-13-2013 01:25 PM

Quote:

Originally Posted by BWillie (Post 9398878)
"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. fuck no.

Like it or not this was an accident. A grossly negligent one, but that doesnt make it right.

I can see all the lunatic dads on this thread. These are the type of guys that if your kid gets his ass kicked at school you go run over to the parents house with a bat. Idiots.

Umm your kid getting beat up at school by another kid is world's away from watching your kid get slaughtered by a speeding vehicle drove by a drunk worthless ass****. I'm guessing you're not a father???

DonkyPuncher 02-13-2013 01:27 PM

Quote:

Originally Posted by Rausch (Post 9399971)
We've got one of those in here doing life.

Saw a man raping his daughter and beat him to death.

Yes, despite that, despite the fact any father would clearly go temporarily insane, he got life...

That's crazy man, I could seem him doing a simple manslaughter charge but life?? Damn

Garcia Bronco 02-13-2013 01:37 PM

Not guility for me as well. The longer we tolerate these drunk assholes the worse off we'll be.

kepp 08-28-2014 10:49 AM

Texas Dad Acquitted in Shooting Death of Drunken Driver Who Killed 2 Sons
http://foxnewsinsider.com/2014/08/27...-killed-2-sons
Quote:

A jury has acquitted a Texas father who was accused of fatally shooting the drunken driver who killed his two sons.

David Barajas, 32, was pushing his broken-down car along a road with his 11- and 12-year-old sons back in 2012 when Jose Banda, a drunken driver, fatally struck the two boys.

Father on Trial for Alleged Murder of Drunken Driver Who Killed His 2 Sons

Prosecutors say Barajas then shot Banda, but authorities never found the weapon or physical evidence.

Barajas repeatedly cried when he heard the verdict today.

More from The Associated Press: Prosecutors alleged that Barajas killed 20-year-old Jose Banda in a fit of rage after Banda plowed into Barajas and his sons while they were pushing a truck on a road near their home because it had run out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed.

Defense attorney Sam Cammack said Barajas didn't kill Banda and that he was only focused on saving his sons. The gun used to kill Banda wasn't found and there was little physical evidence tying Barajas to the killing.

Authorities said that after the crash, Barajas, 32, went to his home about 100 yards from the crash site, got a gun and returned to shoot Banda.

Legal experts said prosecutors would likely have to overcome jury sympathy for Barajas, who had the support of many residents of Alvin, which is about 30 miles southeast of Houston. Further complicating their case was that there were no witnesses who identified Barajas as the shooter and gunshot residue tests done on Barajas came back negative.

Investigators testified that a bullet fragment found in Banda's car could have come from a .357-caliber gun, and that ammunition for such a gun was found in Barajas' home, along with a holster. Cammack said his client never owned a gun and that tests showed the bullet fragment also could have come from another weapon.

A forensic scientist testified that blood found on the driver's side door and driver's arm rest of Banda's car was consistent with that of Barajas.

The defense called only three witnesses to testify during the trial, which began last week.

But prosecution witnesses told jurors during questioning by Cammack that more gunfire had taken place well after Banda was shot — pointing to the possibility that the actual shooter was still at large — and that a search of Barajas' home failed to find any evidence that directly or indirectly linked him to the crime scene.

Cammack also suggested that Banda could have been shot by his own cousin or half-brother, who told investigators that they witnessed the crash but fled the scene. Both testified that they did not shoot Banda.

Cammack also used 911 calls to create a timeline that suggested Barajas would not have had enough time to shoot Banda.


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