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-texas/houston/article/Father-indicted-in-death-of-drunk-driver-4270089.php

[saphojunkie]

This is murder, plain and simple. The circumstances don't change that.

And I would vote not-guilty 1,000 times out of 1,000.

[The Franchise]

I don't see a problem with what he did.

[notorious]

Justified.


Fuck that piece of shit. If there is a Hell I hope he is rotting in it right now.

[HolyHat]

What a terrible story. I'd probably do the same thing in the same position if some fuck head drunk killed my kid.

But then again...how the fuck do you allow yourself to run out of gas with your entire family in the car. This could have all been avoided with a trip to Shell.

[Imon Yourside]

Horrible story man, but he did what he thought he had to do.

[Pablo]

Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

[BigMeatballDave]

I'd never vote to convict.

[LOCOChief]

wow, very sad. A little surpirsed by the jury. I can only imagine I would do the same exact thing as I don't know how I would be able to keep myself from killing the person that killed my boys. There's alot of ruined lives from this.

[stonedstooge]

Probably a manslaughter charge with minimal jail time and probation

[Deberg_1990]

Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible situation even worse.

[Pablo]

Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible situation even worse.

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.

[BigCatDaddy]

Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

Doubt he does much if any jail time.

[notorious]

We are all level headed when we watch two of our own children get slaughtered by a car driven by a drunk that didn't even touch the brakes.


:facepalm:

[Reerun_KC]

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.

Hes not guilty in my book... No way he should do a minute of jail time...

so he did the right thing.

[Easy 6]

Now his other two kids get to grow up without their father. Bad situation that he didn't make any better.

This.

Its more than easy to understand his anger, but now things are twice as bad.

[WhiteWhale]

I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

[HolyHat]

It sounds like they won't have enough evidence to prove much of anything against the dad. And that's a beautiful thing.

[BigCatDaddy]

This.

Its more than easy to understand his anger, but now things are twice as bad.

I don't think "anger" would be the exact term I would use.

[BigCatDaddy]

It sounds like they won't have enough evidence to prove much of anything against the dad. And that's a beautiful thing.

They probably didn't look too hard.

[Easy 6]

I don't think "anger" would be the exact term I would use.

Ok, lets go with "molten fury"

[Reerun_KC]

They probably didn't look too hard.

Props to them for not looking hard...

[suds79]

I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

This might be the first time in my life where I've heard that term and haven't thought what a crock of sh!t.

The one in a million case IMO where it could be legitimate.

Sad story.

[blaise]

I hope he goes free, but I wouldn't have my 11 and 12 year old pushing a truck on an unlit country road at night.

[MotherfuckerJones]

Anyone who sticks up for that asshole drunk driver is an asshole! Fuck all those supporters on facebook

[GloryDayz]

I'd be more than happy to let him out on $1's bail and set the initial court date for 2092... Then play back my not-guilty recording from 2013...

Fuck it, I partake, but I think a healthy fear for your life when making stupid decisions is always good too...

[PaulAllen]

Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

[Strongside]

This guy needs to hire Matthew McCaonaughey.

[listopencil]

If I'm on that jury...no. I don't vote to convict him of anything.

[Skyy God]

This might be the first time in my life where I've heard that term and haven't thought what a crock of sh!t.

The one in a million case IMO where it could be legitimate.

Sad story.

Yeah, but that's severely compromised by his walking 300+ yds to get a gun.

Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

We have a winner. The gun was a bad call.

[Deberg_1990]

I know a guy who lost his 6 year old son and his two other kids were seriously hurt in a traffic accident back in 2006. A 19 y/o street racer crashed into them while they sat at a traffic light. Kid bragged about how it was "no big thing" on his social media page for a few years before he finally got sentenced to jail. To this day, i have no idea how my friend kept it together or still does. If he would have taken that kid out, i would have applauded. This country could use a little more "old school" justice in certain situations.

[listopencil]

Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

I can't say that I really know what I would have done. In all probability I would have beaten the guy to death with my bare hands.

[BigCatDaddy]

Yeah, but that's severely compromised by his walking 300+ yds to get a gun.



We have a winner. The gun was a bad call.

I wonder how long after seeing your kids getting ran over by a drunk until you are cosidered in your right mind? I'm pretty sure for me it would be longer then would I would walk a 1/2 mile in.

[mr. tegu]

I hope he goes free, but I wouldn't have my 11 and 12 year old pushing a truck on an unlit country road at night.

I completely agree. I wonder what the speed limit was. Would anyone have been able to avoid hitting them?

Oh, and drunk drivers are some of the worst scumbags there are. Especially when they go out and know they plan on drinking a lot.

[Iowanian]

I wouldn't think a man under those circumstances would be expected to be in his right mind. Temporary insanity should be a very sound defense.

Put yourself in his place for a minute.

You're pushing a truck within sight of your home. Some drunken asshole smashes the bodies of your sons between his car and the bumper of your truck. Injuries are grotesque. Your sons are dying, your wife and living children are screaming.....and the asshole who is responsible is 8' away from you.

I'd wager more than 1 normally sane person could snap.

He should get manslaughter and minimal time in the pen.

[Ace Gunner]

alcohol=helluva drug

[Prison Bitch]

Guy had kids at 18?

[Saul Good]

Hooray for shooting a guy to death in front of his wife and young children.

You run out of gas on an unlit county road in the middle of the night and decide to have your young children help push the truck home?

WTF? Go home and come back in the morning with a can of gas, you fucking stooge. Even a sober driver would have been a serious threat to everyone's safety. That isn't to excuse the drunk driver, but you don't get to go around shooting people to death in front of their families after you both did something incredibly negligent.

This is Trayvon vs Zimmerman all over again.

[DTLB58]

Guy had kids at 18?

I don't mean to sound sarcastic but, you haven't heard of the epidemic that is teen pregnancy in this country?

[Amnorix]

I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.


Ayep.

[duncan_idaho]

Two things I'm interested to see here:

1) Does the father's hand test positive for gunshot residue?
2) Is the gun ever found?

If the answer to both of those is "no," it's hard to imagine there being enough evidence to convict him.

Also, I wonder how the 911 call was placed. Was it by cell? Or from the house? That would be a possible explanation for the dad running to the house like he did.

[Prison Bitch]

I don't mean to sound sarcastic but, you haven't heard of the epidemic that is teen pregnancy in this country?

It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.

[jspchief]

I have faith in a jury to handle this properly.

[jspchief]

It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.Good point. Oh wait, no it isn't. It has nothing to do with the story.

[big nasty kcnut]

Well one thing the mom and other kids were too stunned to notice the dad do anything. Plus no real good eyewitness. He will be free. Also i hate people that drive while their drunk you give people who drink a bad name.

[tooge]

temporary insanity. Not guilty.

[jiveturkey]

I wouldn't think a man under those circumstances would be expected to be in his right mind. Temporary insanity should be a very sound defense.

Put yourself in his place for a minute.

You're pushing a truck within sight of your home. Some drunken asshole smashes the bodies of your sons between his car and the bumper of your truck. Injuries are grotesque. Your sons are dying, your wife and living children are screaming.....and the asshole who is responsible is 8' away from you.

I'd wager more than 1 normally sane person could snap.

He should get manslaughter and minimal time in the pen.Hard to argue with this.

What would everyone thoughts be if the driver wasn't drunk? It's an unlit road so it could have just as easily been anyone (probably a lot less likely though).

[MOhillbilly]

Something like this happened in Spfld. a couple years back.

[BigMeatballDave]

As sad as it is, he's got to do at least a little time....or else the justice system is giving a green light for vigilante justice, right?

Some see it as justifiable homicide.

Probably do some time in a psychiatric hospital.

[Brock]

Guy had kids at 18?

You're a fucking moron?

[Setsuna]

I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

[Brock]

I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

The sage voice of experience weighing in again.

[BigRedChief]

This is murder, plain and simple. The circumstances don't change that.

And I would vote not-guilty 1,000 times out of 1,000.Justifiable homicide?

[BigRedChief]

As sad as it is, he's got to do at least a little time....or else the justice system is giving a green light for vigilante justice, right?We can't allow our society to devolve into vigilante justice. No one profits from that scenario.

His anger about the death of 2 of his kids results in his other 2 kids losing their father. No one wins here.

[KC native]

He may be indicted, but it probably won't go to trial. No witness to the actual shooting. No gun. Sympathetic circumstances. No prosecutor wants that loss on his record.

[KC native]

Guy had kids at 18?

JFC, miss the point much?

Who fucking cares how old he was when he had kids.

[KC native]

It seems like he did it back to back. Ie dumped a wad when he was 17, and again within months of having the first. Sounds like a dumbass to begin with. Once is an accident, but two is a trend.

And you fucking add on with this. Die in a fucking fire you mouth breathing piece of shit.

[Saul Good]

You're a ****ing moron?

What's with the question mark?

[HonestChieffan]

Anyone involved in this here legally?

[trndobrd]

The man is guilty!

Illegal discharge of a firearm within city limits. $150 fine. Next case...

[ThaVirus]

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

I'm not sure if I'm reading this right, but it sounds like the guy slammed into the back of the truck... with the kids in between the two?

Fuck. That's terrible.

[Demonpenz]

Sounds like a Coors Commercial

[Brock]

Sounds like a Coors Commercial

My god.LMAO

[mnchiefsguy]

Tragic story. If there was ever a case to be made for temporary insanity, I think this would certainly qualify.

[BWillie]

Jesus Christ you people are demented....and you condone this sort of thing. Unbelievable.

If this guy doesnt get the worst worst possible manslaughter charge then it is bullshit. Guy should get murder charge IMO. He knew what he was doing all along.

[BWillie]

Sad story all around.....i want to applaud the Dad for doing the right thing.....but on the other hand, he made a horrible even worse.

"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. F#ck 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.

[WhiteWhale]

I'm sorry but if you have 2 more kids then you don't do that shit. Especially a daughter. The odds of her being somewhat unstable just increased.

The ****?

Yeah, because it's totally cool if the SON is unstable. :spock:

[Rudy tossed tigger's salad]

But then again...how the **** do you allow yourself to run out of gas with your entire family in the car. This could have all been avoided with a trip to Shell.

This.

[ChiliConCarnage]

disgusting and sad :| We don't have all the details obviously but what were given I'd have to convict him. I'd hope for a lenient sentence though.

I wonder if the driver of the car was already dying before the father came back and shot him? He was still seated in the front seat of the car minutes later so I'd assume he was either unconscious, immobilized somehow, or badly badly injured. I wonder if that would change the fathers case for better or worse

[Gary]

I'd think one could claim temporary insanity, which is a viable plea in many states.

After watching your children crushed to death, it's pretty easy to see red and lose all sense of reason.

I could see almost any father would go full on Martin Riggs at that moment: http://youtu.be/mp9YWsV0W8I?t=1m15s

[WV]

"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. F#ck 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.

You witness two of your kids smashed to death by a drunk driver and you wouldn't act irrationally or possibly want to end this douche bags life?? I think he just followed through with what every normal father would think about doing. Good luck though re-living the tragedy over and over again in court while the drunk douche sits alive and well because he was negligent.

[ReynardMuldrake]

I wonder if the driver of the car was already dying before the father came back and shot him? He was still seated in the front seat of the car minutes later so I'd assume he was either unconscious, immobilized somehow, or badly badly injured. I wonder if that would change the fathers case for better or worse

He was drunk, so I'm sure he was perfectly unharmed.

[Omaha]

Sorry but I wouldn't have gone back to get my gun. I would've pulled a Vinnie Jones in Lock, Stock, and Two Smoking Barrels and just car doored that mother.

I don't like the idea of letting anyone think it's OK to take the law into his/her own hands.

That said, I can't even imagine what I'd do if this happened to me, but I think it'd be more along these lines. It makes me sick to even think about this.

[Chief Gump]

The only problem with this entire story is whether the dad knew the guy was drunk. Horrible accidents happen when people are completely sober, he could have been shooting someone completely sober. I still probably don't want him convicted of murder.

[DonkyPuncher]

Should have just beat him to death, as a father that's what I would have done..

[Rausch]

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...

[DonkyPuncher]

"The right" thing? Get real. That is the absolute wrong thing. Kick his ass. Fine shoot him. F#ck 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???

[DonkyPuncher]

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

[Garcia Bronco]

Not guility for me as well. The longer we tolerate these drunk assholes the worse off we'll be.

[kepp]

Texas Dad Acquitted in Shooting Death of Drunken Driver Who Killed 2 Sons
http://foxnewsinsider.com/2014/08/27/texas-dad-acquitted-shooting-death-drunken-driver-who-killed-2-sons
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.

[BWillie]

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.

[loochy]

Texas Dad Acquitted in Shooting Death of Drunken Driver Who Killed 2 Sons
http://foxnewsinsider.com/2014/08/27/texas-dad-acquitted-shooting-death-drunken-driver-who-killed-2-sons

ha

suck it bwillie

[Dave Lane]

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.

[kepp]

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.

[htismaqe]

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?

[kepp]

This. Straight up murder. He will have a chance to feel justified in prison.

You can't shot every drunk driver.

http://www.chiefsplanet.com/BB/showpost.php?p=10856135&postcount=80

[BWillie]

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.

[kepp]

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.

[htismaqe]

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.

[kepp]

Well, that's certainly compelling.

Now, he DID have .357 ammo and a holster at his house...but no gun.

[Dave Lane]

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.

Except for the empty holster and the ammo in the house. Other than that nuttin'.

[loochy]

is nobody going to address the ever growing issue of hispanic on hispanic violence?

[kepp]

Except for the empty holster and the ammo in the house. Other than that nuttin'.

Yep. There are some hiccups on both sides of the story. I think if prosecutors could have proven that the kill shot came from a .357, it might have changed the outcome. Maybe.

[El Jefe]

Except for the empty holster and the ammo in the house. Other than that nuttin'.

Except for the fact that he passed all the gun power residue tests, none was found on his body or his clothing.

[Valiant]

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.

Meh, I am fine with it. Our civilized society lets off the hook celebs and rich people all the time. I guess the civilized society agreed with the man taking law into his own hands.

[KCUnited]

Sounds like a legit investigation.

[kepp]

Except for the fact that he passed all the gun power residue tests, none was found on his body or his clothing.

I forgot about that, actually. I would guess its pretty difficult to fire a .357 magnum (revolver) without getting GSR on you.

[saphojunkie]

I forgot about that, actually. I would guess its pretty difficult to fire a .357 magnum (revolver) without getting GSR on you.

http://www.gardeningoncloud9.com/wp-content/uploads/2010/05/leather-gloves-01.jpg

[Valiant]

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.

Is this belief system why child rapists and pedophiles do not really fear consequences??

[Rausch]

Sounds like a legit investigation.

Most of the time the legal system is fucked.

Every now and again though...

[kepp]

http://www.gardeningoncloud9.com/wp-content/uploads/2010/05/leather-gloves-01.jpg

It would be all over your sleeves and probably on the front of the shirt.

[Valiant]

http://www.gardeningoncloud9.com/wp-content/uploads/2010/05/leather-gloves-01.jpg

So a father enraged, remembered to go grab gloves? Did he change clothes also and wear long sleeves? Because that hand gun would have left more than just on his hands. would have been on his forearm also.

[The Franchise]

It would be all over your sleeves and probably on the front of the shirt.

This.

[BWillie]

Except for the empty holster and the ammo in the house. Other than that nuttin'.

Yeah...

[LoneWolf]

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.

This is the opinion of someone who definitely doesn't have children. If this would have happened to my son, I would be in prison. They would have been able to identify me as the killer because my urine would have been all over this piece of shit drunk driver. I would have shot him and then pissed all over his fucking corpse.

[BWillie]

This are the kind of cases where the local PD is sympathetic of the dad, so I'm sure they don't investigate the case with the same scrutiny as they would in a "normal" case

[BWillie]

This is the opinion of someone who definitely doesn't have children. If this would have happened to my son, I would be in prison. They would have been able to identify me as the killer because my urine would have been all over this piece of shit drunk driver. I would have shot him and then pissed all over his ****ing corpse.

And you are a fucking idiot then.

The drunk driver didn't go out of his way to try to kill children. He wasn't like well time to go plow into some children and kill them. It was a grossly negligent accident by the drunk driver yes, and he should have been prosecuted heavy handedly by the law, but this wouldn't even entail being executed.

Killing this guy doesn't change anything. It is over and done with, there is nothing you can do about it except be the best father you can be to your remaining family....and that doesn't entail killing a guy. jesus christ.

[Pablo]

This is the opinion of someone who definitely doesn't have children. If this would have happened to my son, I would be in prison. They would have been able to identify me as the killer because my urine would have been all over this piece of shit drunk driver. I would have shot him and then pissed all over his fucking corpse.

LMAO

Sure.

[LoneWolf]

And you are a ****ing idiot then.

The drunk driver didn't go out of his way to try to kill children. He wasn't like well time to go plow into some children and kill them. It was a grossly negligent accident by the drunk driver yes, and he should have been prosecuted heavy handedly by the law, but this wouldn't even entail being executed.

Killing this guy doesn't change anything. It is over and done with, there is nothing you can do about it except be the best father you can be to your remaining family....and that doesn't entail killing a guy. jesus christ.

Have some fucking kids and come talk to me about how much of an idiot I am. The driver did go out of his way to kill someone. He knowingly and willingly got into a vehicle when he was well above the legal limit to drive. Killing this guy got another scumbag off of the road forever. That is being a good father to his other kids. He also saved the taxpayers money by not having to house this asshole in prison for the next 20 years. It's a win-win in my book.

[kepp]

And you are a ****ing idiot then.

The drunk driver didn't go out of his way to try to kill children. He wasn't like well time to go plow into some children and kill them. It was a grossly negligent accident by the drunk driver yes, and he should have been prosecuted heavy handedly by the law, but this wouldn't even entail being executed.

Killing this guy doesn't change anything. It is over and done with, there is nothing you can do about it except be the best father you can be to your remaining family....and that doesn't entail killing a guy. jesus christ.

So you watch two of your children get run over and you remain calm and say, "well, at least I have two more"? The guy would have been out of his mind. Literally, temporarily insane.

[BWillie]

Have some ****ing kids and come talk to me about how much of an idiot I am. The driver did go out of his way to kill someone. He knowingly and willingly got into a vehicle when he was well above the legal limit to drive. Killing this guy got another scumbag off of the road forever. That is being a good father to his other kids. He also saved the taxpayers money by not having to house this asshole in prison for the next 20 years. It's a win-win in my book.

The problem with this is you are being results oriented. By your logic, anybody that has received a DUI deserves to be executed, by you. And you are fine with that. Many people have had DUI and were fortunate enough to not hit and kill anybody, wrong place, wrong time...should they all be executed too?

[BWillie]

So you watch two of your children get run over and you remain calm and say, "well, at least I have two more"? The guy would have been out of his mind. Literally, temporarily insane.

That still isn't not guilty. It's manslaughter.

I guess it depends on the person, everybody reacts differently when a loved one passes away. If my parents were murdered and killed, I wouldn't be one of those sickos that goes down to the pen to watch the murderer fry on the electric chair while cheering. It's over and done with, I would grieve, I would maybe make a foundation for them. I wouldn't go shoot the murderer while he's on the stand in the court room.

[Pablo]

You just need to have children so you can contemplate killing someone and pissing on their body. Sounds tough at least.

[RockChalk]

This is the opinion of someone who definitely doesn't have children. If this would have happened to my son, I would be in prison. They would have been able to identify me as the killer because my urine would have been all over this piece of shit drunk driver. I would have shot him and then pissed all over his ****ing corpse.

Well then you could add Public Urination to your list of charges. Some states make that a pretty serious misdemeanor and put such offenders on Sex Offender lists.

[kepp]

The problem with this is you are being results oriented. By your logic, anybody that has received a DUI deserves to be executed, by you. And you are fine with that. Many people have had DUI and were fortunate enough to not hit and kill anybody, wrong place, wrong time...should they all be executed too?

He's not saying anything like that. He's saying that if a drunk driver killed his kids, he would take matters into his own hands.

[Bowser]

I'm not condoning murder in the least here, but I understand the straight up rage the guy must have felt. Have kids THEN see what your opinion is on the subject.

That said, the prosecutors must have been OJ level bad, no matter ho wmuch sympathy the jury had for the guy.

[FishingRod]

If it shows that the car being pushed was in a situation where a normal sober driver should have been able to avoid running into it then I would find a way to justify letting the Dad off somehow. Temporary insanity , something like that.

If it were shown that due to the conditions, like being dark , perhaps they were just around a curve and a average sober driver could not have been expected to avoid the crash then the Father owns a large portion of the fault and I could have gone with manslaughter. I mean what if it was Denzel Washington from the Movie Flight??? could have been all jacked up and done some of that fancy stunt driving to avoid the accident.

[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?

[kepp]

If it shows that the car being pushed was in a situation where a normal sober driver should have been able to avoid running into it then I would find a way to justify letting the Dad off somehow. Temporary insanity , something like that.

If it were shown that due to the conditions, like being dark , perhaps they were just around a curve and a average sober driver could not have been expected to avoid the crash then the Father owns a large portion of the fault and I could have gone with manslaughter. I mean what if it was Denzel Washington from the Movie Flight??? could have been all jacked up and done some of that fancy stunt driving to avoid the accident.

Yeah, but Denzel takes matters into his own hands too. Like in Training Day.

[kepp]

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?

That's a really good question. We know after the fact that he was drunk, but did that play a part at the time it went down?

[Pablo]

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]

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

hahahha

+1

[htismaqe]

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]

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]

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]

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]

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]

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]

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.

[Predarat]

Yesss! Finally some real justice. Hope we see more of this kind of thing. Not drunk driving murders, but the murderers getting what is coming to them.