Texas Dad Accused of Murdering Drunk Driver Who Killed Kids

[OriginalShroom]

This man should be set free immediately. Heat of the moment.

Texas Dad Accused of Murdering Drunk Driver Who Killed Kids - ABC News

A Texas father, who watched a drunk driver strike and kill his two young sons, has been charged with murder after allegedly shooting the driver in the head moments after the accident.

David Barajas, 31, was charged with murder on Monday, more than two months after his sons David Jr., 12, and Caleb, 11, were killed steps from their home on a rural road outside Houston on Dec. 7.

Bond was set at $450,000, police said.

Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.

They were struck by Jose Banda, 20, the driver of a Chevy Malibu, instantly killing David Jr. and critically injuring Caleb, who later died at a hospital.

"Banda was determined to be intoxicated at the time of the crash," police said in their report.

When cops arrived on the scene, they noticed something else about Banda. He had been shot in the head. But they could not immediately find the murder weapon.

"Investigators recovered a projectile from inside of the vehicle that Jose Banda's was shot in. Investigators were unable to match that projectile to a weapon because no weapons were recovered at the scene," according the sheriff's department.

Witnesses at the scene watched Barajas walk to his home and allegedly retrieve the gun with which he shot Banda, according to a police report. When police searched the home, they found a pistol holster and ammunition, but no firearm.

"Investigators are currently awaiting results of gunshot residue tests which were collected at the scene," police said. On Friday, a grand jury found there was enough evidence that Barajas could be charged.

According to authorities, he does not yet have an attorney.

"It really hurt a lot of us," Jose Roman, a family friend of Barajas, told ABC affiliate KTRK-TV about the death of the boys and the indictment of their father.

The boys, both fans of the Houston Texans, were buried last month. Many of the mourners at their funeral wore Texans jerseys.

But the family of the slain driver believes justice must be done.

"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."

 

[DiamondDave]

Not that I applaud murder... but I understand the guy (if it did really happen that way) and I can say that I would possibly do the same thing myself, even though I know it would probably land me in jail for the rest of my life

 

[OriginalShroom]

The difference between me and the dad in this story?

I wouldn't have had to go to the house to get a gun.

The guy would still be dead.

 

[g5000]

It's Texas. No jury will convict him.

What if it turns out Banda is an illegal immigrant?

 

[TNHarley]

I probably would have done something violent too.. Especially watching it! He could please some kind of syndrome and be ok. I would imagine his jury would be on his side as well. If we can let Casey off, why not this guy?

 

[Mr. Shaman]

It's Texas. No jury will convict him.

C'mon...c'mon.....they're ALWAYS lookin' to.....​

....boost their body-count!​

 

[AmyNation]

It's Texas. No jury will convict him.

What if it turns out Banda is an illegal immigrant?

Yup.

There was that guy who was recorded on a 911 tape telling the lady he was going to leave his house and murder the 2 guys who were breaking into his neighbors house. He wasn't even charged with a crime.

I bet the father walks.

 

[g5000]

What if it turns out Barajas (the dad) is an illegal immigrant?

 

[TNHarley]

What if it turns out Barajas (the dad) is an illegal immigrant?

Least the bastard will be in Texas lol.
Him being illegal might change the verdict a bit. Wouldn't ya think?

 

[Tech_Esq]

What if it turns out Barajas (the dad) is an illegal immigrant?

Then it will be another in a long list of incidents just like this. Like the illegal here who got drunk and crashed into a car full of nuns killing 3. He was waiting for deportation. Thanks ICE. (This comment was for the drunk driver not the dad).

 

[Tech_Esq]

What if it turns out Barajas (the dad) is an illegal immigrant?

Then it will be another in a long list of incidents just like this. Like the illegal here who got drunk and crashed into a car full of nuns killing 3. He was waiting for deportation. Thanks ICE.

oops need a reading class. I don't think it matters in this case. Some things are just human. Everyone can identify with this.

 

[OKTexas]

I'm just glad I don't live in that county, I wouldn't want to be on that jury.

 

[OriginalShroom]

I'm just glad I don't live in that county, I wouldn't want to be on that jury.

I'd walk into the Jury Room and announce "I'm voting "Not Guilty". Anyone disagree?"

 

[BlindBoo]

That's a tough case. Temporary insanity maybe. Maybe not because he had to go into his house to find his gun and go back to the scene. Now if he had flown into a rage initially at the scene and beat the guy or had the gun in his possesion and shot him maybe. Either way, very sad for everyone involved.

 

[OKTexas]

I'm just glad I don't live in that county, I wouldn't want to be on that jury.

I'd walk into the Jury Room and announce "I'm voting "Not Guilty". Anyone disagree?"

That could happen, I think I will more than likely be plead down to a lesser charge with probation. This guy killed two and injured three others in this mans family, extenuating circumstances will justify a very light sentence.

 

[Delia]

I'm just glad I don't live in that county, I wouldn't want to be on that jury.

I'd walk into the Jury Room and announce "I'm voting "Not Guilty". Anyone disagree?"

I can't think of any extenuating evidence that would change my mind on the "Not Guilty" front.

 

[Mustang]

Not Guilty by reason of temporary insanity OR

Guilty with a suspended sentence (depending on how long it took him to get the gun and come back AND whether or not Banda was conscious and possibly a threat.

However, IF Banda was either unconscious or so injured as to present no threat to anyone, the verdict should be guilty with a minimal sentence imposed on Barajas since, in those circumstance, Barajas essentially killed a helpless man who posed no threat to anyone at that point.

But one has to wonder why Barajas is pushing his pick-up truck late at night along the road with his two minor age sons WHILE his wife and two younger kids sat inside the truck when they (at least his wife and kids) should have simply walked home and the pick-up should only have been pushed off the road so that it wasn't a hazard to traffic.

 

[freedombecki]

I don't know what the courts will do. On the one hand, the father put a drunk driver out of commission for good. On the other hand, he took the law into his own hands rather than allow justice to deal with a crime of vehicular homicide while under the influence. 100 years ago, the coroner would've put a little wax over the bullet hole, mopped up the blood, and told the undertaker to dig fast. 60 years ago, the judge would have thrown the case out. 30 years ago, the father would have gotten 10 years with a chance of parole in 5 years.

I don't know what they're going to do now. There are 4 parents less sons.

 

[Avatar4321]

This isn't justice. When did our society lose the concept of justice? Vengeance is not justice.

I can understand the desire this man had to kill the man who killed his children. I can understand the anger and pain that would drive someone to do this. But it's not justice.

 

[RoadVirus]

But the family of the slain driver believes justice must be done.

"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."

It was no accident. The guy was drunk. It was Vehicular Manslaughter.

Another one of those "Oh! He was such a good boy! He was an 'A' student" moments we hear often.