Jury Finds Texas Man Not Guilty in Shooting Death of Drunk Driver Who Killed Two Sons

[Monseratto]

Do you agree???

A jury returned a verdict of not guilty today for a Texas father accused of the shooting death of a drunk driver who killed his two sons.

David Barajas was accused of fatally shooting 20-year-old Jose Banda in December 2012 after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road in Alvin, about 30 miles southeast of Houston.

The Barajas family broke into tears in the courtroom today while Jose Banda's family sat in stunned belief.

"I am relieved but still in pain. My two boys are dead and nothing will bring them back," Barajas said in a post decision news conference.

David Jr., 12, and Caleb, 11, were killed in the accident.

A visibily angry District Attorney Jeri Yenne said prosecutors "would never present a case against a person we did not believe was guilty."

"Three sons were lost that day. The Barajas children and the Banda son," Yenne said.

If Barajas had been convicted, he faced a potential life sentence.

Jury Finds David Barajas Not Guilty in Shooting Death of Drunk Driver Who Killed Two Sons - ABC News

[falken]

Been following this for a while, Barajas had no gunshot residue, police didn't find the gun. He and his sons were pushing their broken down vehicle to the side of the road when Banda slammed into them. It's the right verdict.

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[JohnM]

I would do the same.

Similar situation to A Time to Kill (1996) - IMDb

[Yuki13]

Been following this for a while, Barajas had no gunshot residue, police didn't find the gun. He and his sons were pushing their broken down vehicle to the side of the road when Banda slammed into them. It's the right verdict.

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no evidence at all? amazing cleanup.

[JohnM]

They found a holster that would fit the gun.

[foresterx]

They found a holster that would fit the gun.

which isn't enough for a solid case in the states. anyway i probably would've done the same.

[Yuki13]

which isn't enough for a solid case in the states. anyway i probably would've done the same.

yep, me too. would've shot the drunk driver multiple times, with or without witnesses.

[niky]

Very possible. But also possibly not. If police arrested him on the spot and had access to his clothing and still found no gunshot residue there, then there's little they can do. You can wash off the residue quite easily... but that requires washing. Which would take time. Thus, Barajas needed to somehow shower and dispose of bloody clothing with gunshot residue (and a gun) where no one could find it, then go back and get himself bloody and grieving again in the five minutes it took for police to get there.

According to the timeline given in other articles, it was just five minutes from the gunshot till the police arrival. Very little time to do all of that. And Barajas was already on the phone to 911 before the gunshot, so he was expecting police to arrive, but he didn't know when.

-

Shot the guy? I would have strangled him with my bare, bloody hands. Temporary insanity is a legitimate defense in these cases.

[CVT]

Ever heard of The Drunk Driving Poem (Death of an Innocent)???

Tragic!

[Horsepower]

In the world of law, this *may* be a bad precedent.

But it's too simple, too insignificant to even bother with. A drunk driver who killed two kids and got himself shot. He's dead. The father probably did it but no initial evidence. Jury finds him not guilty. Deep inside, everyone knows that the drunk idiot deserved to die. Next case please!

Personally, I think there's an unidentified person who shot the driver. The dad probably knows the shooter given that he has a holster and an opened box of .357 bullets. For now, it's a perfect crime.

[CVT]

Here it is...

Pag nabasa mo ito,- sino/ano ka para hindi kumulo ang dugo mo?....

Death of an Innocent

I went to a party, Mom,
I remembered what you said.
You told me not to drink, Mom,
So I drank soda instead.

I really felt proud inside, Mom,
The way you said I would.
I didn't drink and drive, Mom,
Even though the others said I should.

I know I did the right thing, Mom,
I know you are always right.
Now the party is finally ending, Mom,
As everyone is driving out of sight.

As I got into my car, Mom,
I knew I'd get home in one piece.
Because of the way you raised me,
So responsible and sweet.

I started to drive away, Mom,
But as I pulled out into the road,
The other car didn't see me, Mom,
And hit me like a load.

As I lay there on the pavement, Mom,
I hear the policeman say,
"The other guy is drunk," Mom,
And now I'm the one who will pay.

I'm lying here dying, Mom...
I wish you'd get here soon.
How could this happen to me, Mom?
My life just burst like a balloon.

There is blood all around me, Mom,
And most of it is mine.
I hear the medic say, Mom,
I'll die in a short time.

I just wanted to tell you, Mom,
I swear I didn't drink.
It was the others, Mom.
The others didn't think.

He was probably at the same party as I.
The only difference is, he drank
And I will die.

Why do people drink, Mom?
It can ruin your whole life.
I'm feeling sharp pains now.
Pains just like a knife.

The guy who hit me is walking, Mom,
And I don't think it's fair.
I'm lying here dying
And all he can do is stare.

Tell my brother not to cry, Mom.
Tell Daddy to be brave.
And when I go to heaven, Mom,
Put "Daddy's Girl" on my grave.

Someone should have told him, Mom,
Not to drink and drive.
If only they had told him, Mom,
I would still be alive.

My breath is getting shorter, Mom.
I'm becoming very scared.
Please don't cry for me, Mom.
When I needed you,
you were always there.

I have one last question, Mom.
Before I say good bye.
I didn't drink and drive,
So why am I the one to die?

[Newcomer123]

The decision was reached beyond reasonable doubt, the dad is not the killer.

Then, somebody else did the shooting. What's wrong with that?


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[holdencaulfield]

For me, this is a bad precedent.

obama's not that bad.


drunk drivers should be skinned and jarred in whisky.

[holdencaulfield]

Here it is...

Pag nabasa mo ito,- sino/ano ka para hindi kumulo ang dugo mo?....

so, yan pala nag inspire sa kantang LAKLAK?

[yebo]

We need more verdicts like this!

[Dirtdiver]

Good riddance.

[Manilablock]

if you drink and drive, you are a irresponsible person.

so why a drunk driver expect to have the same protection provided by law to those who dont drink and drive.

if a drunk driver get involved in a accident, the minimum case to be filled should be murder. Even if you are drunk you are still aware on what you are doing, so it us better to be dead drunk (and go to sleep) than to be criminal behind a wheel.

[CVT]

if you drink and drive, you are a irresponsible person.

so why a drunk driver expect to have the same protection provided by law to those who dont drink and drive.

if a drunk driver get involved in a accident, the minimum case to be filled should be murder. Even if you are drunk you are still aware on what you are doing, so it us better to be dead drunk (and go to sleep) than to be criminal behind a wheel.

Agree bro...

A killer with a two ton murder weapon...