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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 02-13-2013, 12:25 PM   #76
Rausch Rausch is offline
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Originally Posted by DonkyPuncher View Post
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...
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Old 02-13-2013, 12:25 PM   #77
DonkyPuncher DonkyPuncher is offline
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Originally Posted by BWillie View Post
"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. **** 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???
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Old 02-13-2013, 12:27 PM   #78
DonkyPuncher DonkyPuncher is offline
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Originally Posted by Rausch View Post
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
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Old 02-13-2013, 12:37 PM   #79
Garcia Bronco Garcia Bronco is offline
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Not guility for me as well. The longer we tolerate these drunk assholes the worse off we'll be.
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Old 08-28-2014, 10:49 AM   #80
kepp kepp is online now
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Texas Dad Acquitted in Shooting Death of Drunken Driver Who Killed 2 Sons
http://foxnewsinsider.com/2014/08/27...-killed-2-sons
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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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Old 08-28-2014, 10:59 AM   #81
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Originally Posted by Garcia Bronco View Post
Not guility for me as well. The longer we tolerate these drunk assholes the worse off we'll be.
you shouldn't get to take the law into your own hands, that is why we are a civilized society. The problem I have with it is the jury and attorneys knew what they were doing, they were playing to the emotional side of things that this guy lost his kids yachety yachety ya and got the jury to intentionally look away from the other evidence.

This guy deserved to get manslaughter pure and simple. It is an outrage IMO.
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Old 08-28-2014, 11:02 AM   #82
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Originally Posted by kepp View Post
Texas Dad Acquitted in Shooting Death of Drunken Driver Who Killed 2 Sons
http://foxnewsinsider.com/2014/08/27...-killed-2-sons
ha

suck it bwillie
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Old 08-28-2014, 11:03 AM   #83
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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.
This. Straight up murder. He will have a chance to feel justified in prison.

You can't shot every drunk driver.
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Old 08-28-2014, 11:03 AM   #84
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Originally Posted by BWillie View Post
you shouldn't get to take the law into your own hands, that is why we are a civilized society. The problem I have with it is the jury and attorneys knew what they were doing, they were playing to the emotional side of things that this guy lost his kids yachety yachety ya and got the jury to intentionally look away from the other evidence.

This guy deserved to get manslaughter pure and simple. It is an outrage IMO.
Did you read the "evidence" the prosecutors had? They wouldn't convict anyone with that, much less a grieving father with local sympathy.
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Old 08-28-2014, 11:04 AM   #85
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Originally Posted by Garcia Bronco View Post
Not guility for me as well. The longer we tolerate these drunk assholes the worse off we'll be.
But we should tolerate someone shooting someone else just because they can't control their anger?
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Old 08-28-2014, 11:04 AM   #86
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This. Straight up murder. He will have a chance to feel justified in prison.

You can't shot every drunk driver.
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Old 08-28-2014, 11:04 AM   #87
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Originally Posted by kepp View Post
Did you read the "evidence" the prosecutors had? They wouldn't convict anyone with that, much less a grieving father with local sympathy.
It shouldn't be about that. I can see giving him manslaughter instead of murder because of his state of mind but the guy actually even had time here to go get his gun and kill this guy. I'm tired of parents thinking that when someone happens to their children they can do whatever they want. It's bullshit. The way the Joe Horn case, this case, and many other cases ending up the way they do in Texas is very disturbing.
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Old 08-28-2014, 11:06 AM   #88
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Originally Posted by BWillie View Post
It shouldn't be about that. I can see giving him manslaughter instead of murder because of his state of mind but the guy actually even had time here to go get his gun and murder this guy in cold blood. I'm tired of parents thinking that when someone happens to their children they can do whatever they want. It's bullshit.
You skipped the part about the evidence, huh? They never found any gun and there was no record of him ever owning a gun. They couldn't even prove what kind of gun the shot came from.
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Old 08-28-2014, 11:06 AM   #89
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You skipped the part about the evidence, huh? They never found any gun and there was no record of him ever owning a gun. They couldn't even prove what kind of gun the shot came from.
Well, that's certainly compelling.
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Old 08-28-2014, 11:08 AM   #90
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Well, that's certainly compelling.
Now, he DID have .357 ammo and a holster at his house...but no gun.
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