Murder charges in revenge killing by father of children slain by drunk driver

[ReynardMuldrake]

I know how I would vote if I was on that jury...

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

[Pablo]

Originally Posted by KCUnited

Tests showed this guy was drunk, I wonder if it was obvious to the dad after the accident, like booze bottles or something? Is killing ok if it's just an accident, or does the guy have to be drunk?

It's really whatever best helps you feel like you're starring in a Western.

[BWillie]

Originally Posted by Pablo

It's really whatever best helps you feel like you're starring in a Western.

hahahha

+1

[htismaqe]

Originally Posted by KCUnited

Tests showed this guy was drunk, I wonder if it was obvious to the dad after the accident, like booze bottles or something? Is killing ok if it's just an accident, or does the guy have to be drunk?

Very good and interesting take.

[CoMoChief]

The difference is the drunk driver didn't have intentions on killing anyone. It was an accident. Sure its an accident that could have been avoided had the driver not gotten behind the wheel while drunk, but it doesn't change the fact that it was indeed an accident.

As far as the guy that witnessed someone raping his daughter. You don't just rape someone by accident. The rapist has full intentions of raping said female, that's not just something that happens out of the blue. To me it's bullshit the guy got life for beating that crazy asshole to death. To me he did the world and state taxpayers a favor by getting rid of that scum.

But shooting someone in retaliation of a drunk driver hitting your kid is still murder. It's acting irrationally during a highly stressful situation, but his intentions were to get his gun and then pull the trigger and kill said drunk driver. It's ridiculous that guy got away w/ murder.

[Just Passin' By]

Interesting case. I wonder how hard the police looked for evidence.

[Mr. Laz]

no-win situation

[kepp]

Originally Posted by CoMoChief

The difference is the drunk driver didn't have intentions on killing anyone. It was an accident. Sure its an accident that could have been avoided had the driver not gotten behind the wheel while drunk, but it doesn't change the fact that it was indeed an accident.

As far as the guy that witnessed someone raping his daughter. You don't just rape someone by accident. The rapist has full intentions of raping said female, that's not just something that happens out of the blue. To me it's bullshit the guy got life for beating that crazy asshole to death. To me he did the world and state taxpayers a favor by getting rid of that scum.

But shooting someone in retaliation of a drunk driver hitting your kid is still murder. It's acting irrationally during a highly stressful situation, but his intentions were to get his gun and then pull the trigger and kill said drunk driver. It's ridiculous that guy got away w/ murder.

It's as if people aren't actually looking at the evidence the prosecution had.

[Mr. Flopnuts]

Originally Posted by Just Passin' By

Interesting case. I wonder how hard the police looked for evidence.

For instance, parents lived right across the street from them, did they check their house and yard for it?

[FishingRod]

Father acquitted of killing drunk driver

A jury in Texas found a man not guilty in the murder of a drunk driver who killed his sons. Local media reports say in 2012, 20-year-old Jose Banda Jr. was intoxicated when he struck and killed David Barajas' sons. They were just 11 and 12, and helping to push the family's truck down a road near their home. Prosecutors say Barajas then shot and killed Banda. Anderson discussed this emotional case with former federal prosecutor Jeffrey Toobin and Mark O'Mara, who is George Zimmerman's former attorney.

[Mr. Flopnuts]

Originally Posted by kepp

It's as if people aren't actually looking at the evidence the prosecution had.

There literally wasn't any. No residue, and you can't provide a murder weapon equals not having a case. Surprised they tried him with so little.

[kepp]

Originally Posted by Mr. Flopnuts

There literally wasn't any. No residue, and you can't provide a murder weapon equals not having a case. Surprised they tried him with so little.

That's what I was thinking. How could they think they could get him convicted for murder when they have zero hard evidence?

[lcarus]

This guy was wrong. It's not ok to take the law into your own hands.

And I applaud him for it.

[loochy]

Originally Posted by lcarus

It's not ok to take the law into your own hands.

Someone has to do it. We know that law enforcement won't do anything. All they are interested in is shooting unarmed innocent black men execution style.

[Nirvana58]

I can't believe some people are outraged at the verdict. The man had just lost both his kids to a drunk driver. I would do the same in his situation. If someone hurt my family for their stupidity I am not going to just automatically think well I am sure he is sorry for it and forgive that person. The guy just had to watch both his kids die in front of him. Can you even imagine what that must have been like? It is a horrible tragedy but sending this man to prison and leaving his remaining children fatherless would only make it worse. Evidence or not the right decision was made in this case and I applaud Texas for it.

[listopencil]

Originally Posted by Rausch

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 too bad. I can't blame a guy for that.