Texas Dad Accused of Murdering Drunk Driver Who Killed Kids

[Delia]

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.

I re-read the entire thread, and saw no mention of anybody thinking this was justice. In my mind, there was no thinking. His children were slaughtered, and he returned fire. I would not be able to enter a guilty vote.

 

[nodoginnafight]

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.

I agree.
I'm not saying I wouldn't have done the same thing, but I would be prepared to face the consequences.

 

[theHawk]

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."

Someone needs to tell the family of the "slain driver" that it wasn't just an accident. He chose to get drunk and then drive. His negligence led to the death of children. Justice has been served in this case.

 

[bodecea]

So far, I've not see the toxicology report proving that the dead driver was legally drunk. Anyone got that?

 

[Clementine]

I don't think any parent should be held accountable after watching their children killed like that.

 

[ba1614]

Although I can't condone what he did, I can certainly understand why he did it. I can't imagine the rage I'd have watching that.

 

[depotoo]

So far, I've not see the toxicology report proving that the dead driver was legally drunk. Anyone got that?

Twenty-year-old Jose Banda, the motorist of the car which crashed into the Barajas family’s pickup truck, was shot once in the head and was also flown to the medical center, where he later died of his injuries. It was later determined that Banda was intoxicated at the time of the accident. His blood alcohol concentration was recorded to be that of 0.175, according to officials with the Brazoria County Sheriff’s Department.

Father Arrested In Fatal Shooting Of Motorist Who Killed Sons « CBS Houston

 

[depotoo]

 

[freedombecki]

I don't think any parent should be held accountable after watching their children killed like that.

Well, we are either a nation of laws or we aren't. Since he didn't let the justice system handle the problem and took it into his own hands, a jury will have to decide whether he committed an act of murder in cold blood, in the heat of passion, and whether he is competent to know right from wrong. After that, information is weighed by the jury and makes its recommendations to the bench. I hope he gets as good a lawyer as Gerry Spence.

 

[aaronleland]

I don't think any parent should be held accountable after watching their children killed like that.

Well, we are either a nation of laws or we aren't. Since he didn't let the justice system handle the problem and took it into his own hands, a jury will have to decide whether he committed an act of murder in cold blood, in the heat of passion, and whether he is competent to know right from wrong. After that, information is weighed by the jury and makes its recommendations to the bench. I hope he gets as good a lawyer as Gerry Spence.

Pretty much this. If you ask me this is a case of the justice system working exactly as it should be. As others have said, I can't say I wouldn't have done the same thing, but I would have been prepared to face the consequences. He will have his day in court.

EDIT: And I doubt it would take that great of a lawyer to get him off on a temporary insanity plea. He may see some probation, and possibly some sort of grief counseling.

 

[depotoo]

I agree with you both. I have had personal experience with a friend in high school being killed by a drunk driver that had hit someone a couple of years previously and was still doing it all again.
My sis was hit by a drunk driver when she was 16 head on and had head injuries, broken bones. She has never been the same since. I can understand the rage he felt, but understand the courts have to decide.

 

[ArmyCowboy]

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.

I have to agree with this.

I understand the circumstances, and the judge should take them into consideration when sentencing the man, but he committed murder and should be found guilty of such.

 

[Deepbluediver]

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.

I have to agree with this.

I understand the circumstances, and the judge should take them into consideration when sentencing the man, but he committed murder and should be found guilty of such.

I agree that he should have to go through the process of the justice system, and stand trial. It's a tragic situation, but you do not want to encourage people to take justice (or vengeance) into their own hands.

I do not know enough about the facts of the case to rule on guilt or innocence.

 

[ArmyCowboy]

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.

I have to agree with this.

I understand the circumstances, and the judge should take them into consideration when sentencing the man, but he committed murder and should be found guilty of such.

I agree that he should have to go through the process of the justice system, and stand trial. It's a tragic situation, but you do not want to encourage people to take justice (or vengeance) into their own hands.

I do not know enough about the facts of the case to rule on guilt or innocence.

This is a good point, agreed.

If the evidence points to the fact that he murdered the man though, he must be punished. If not, we devolve into a society where people argue innocence based on the fact the other guy "had it coming."

If this is to be a nation of laws, we can't do that.

 

[Jarlaxle]

Voluntary manslaughter, minimum sentence.

 

[Freewill]

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.

The problem is how to gauge extenuating circumstances. What if he had shot the 20 year old 2 days later? I don't know what I would do if confronted with this situation. I think I would have done what the dad did expecting fully to go to jail for doing so and not caring.

 

[sarahgop]

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).

deportation? why wasnt he executed?

 

[sfcalifornia]

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.

Now there's using your noodle.

No one in this sad, sad story was using their's.

While I do feel an enormous amount of empathy for the father, to let him go scot-free sets a dangerous precedent to take the law into one's own hands. The prosecutors would be prudent to go for manslaughter of some degree.

 

[Papageorgio]

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

Why does that matter to you?

 

[Papageorgio]

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.

I agree, Not knowing all the circumstances, I have questions, the father immediately knew he had done wrong, it seems he hid the murder weapon, not usually the action of a grieving father, of course, I'm not the grieving father.

A lot of the story is not told and I guess we now let justice take over.