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Old 02-12-2013, 01:31 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...

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
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Old 02-12-2013, 04:27 PM   #46
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temporary insanity. Not guilty.
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Old 02-12-2013, 04:30 PM   #47
jiveturkey jiveturkey is offline
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Quote:
Originally Posted by Iowanian View Post
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).
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Old 02-12-2013, 06:22 PM   #48
MOhillbilly MOhillbilly is offline
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Something like this happened in Spfld. a couple years back.
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Old 02-12-2013, 06:24 PM   #49
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Quote:
Originally Posted by TimBone View Post
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.
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Old 02-12-2013, 06:43 PM   #50
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Quote:
Originally Posted by Prison Bitch View Post
Guy had kids at 18?
You're a ****ing moron?
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Old 02-12-2013, 07:07 PM   #51
Setsuna Setsuna is offline
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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.
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Last edited by Setsuna; 02-12-2013 at 07:07 PM.. Reason: kl
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Old 02-12-2013, 07:09 PM   #52
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Quote:
Originally Posted by Sandusksuna View Post
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.
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Old 02-12-2013, 07:19 PM   #53
BigRedChief BigRedChief is offline
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Originally Posted by saphojunkie View Post
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?
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Old 02-12-2013, 07:23 PM   #54
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Quote:
Originally Posted by TimBone View Post
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.
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Old 02-12-2013, 07:24 PM   #55
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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.
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Old 02-12-2013, 07:25 PM   #56
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Quote:
Originally Posted by Prison Bitch View Post
Guy had kids at 18?
JFC, miss the point much?

Who ****ing cares how old he was when he had kids.
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Old 02-12-2013, 07:27 PM   #57
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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.
And you ****ing add on with this. Die in a ****ing fire you mouth breathing piece of shit.
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Old 02-12-2013, 07:58 PM   #58
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You're a ****ing moron?
What's with the question mark?
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Old 02-12-2013, 08:49 PM   #59
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Anyone involved in this here legally?
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Old 02-12-2013, 09:03 PM   #60
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The man is guilty!

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