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Old 02-12-2013, 12:31 PM  
ReynardMuldrake ReynardMuldrake is offline
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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...

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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
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Old 02-12-2013, 01:13 PM   #31
Deberg_1990 Deberg_1990 is offline
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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.
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Old 02-12-2013, 01:16 PM   #32
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Originally Posted by PaulAllen View Post
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.
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Old 02-12-2013, 01:52 PM   #33
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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.
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Old 02-12-2013, 02:08 PM   #34
mr. tegu mr. tegu is offline
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Originally Posted by blaise View Post
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.
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Old 02-12-2013, 02:15 PM   #35
Iowanian Iowanian is offline
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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.
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Old 02-12-2013, 02:26 PM   #36
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Old 02-12-2013, 02:45 PM   #37
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Guy had kids at 18?
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Old 02-12-2013, 02:56 PM   #38
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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.
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Old 02-12-2013, 02:56 PM   #39
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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?
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Old 02-12-2013, 02:58 PM   #40
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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.
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Old 02-12-2013, 03:10 PM   #41
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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.
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Old 02-12-2013, 03:13 PM   #42
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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.
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Old 02-12-2013, 03:13 PM   #43
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I have faith in a jury to handle this properly.
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Old 02-12-2013, 03:14 PM   #44
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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.
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Old 02-12-2013, 03:23 PM   #45
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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.
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