Texas Dad Accused of Murdering Drunk Driver Who Killed Kids
Texas Dad Accused of Murdering Drunk Driver Who Killed Kids
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.
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Black Blade: Obviously a justifiable homicide.
__________________ When you're born you get a ticket to the freak show. When you're born in America , you get a front row seat. - George Carlin
Unfortunately, it shows premeditation when he went back to the house to retrieve a gun.
I would have probably beat him to death with my hands, had it been my children.
Jury nullification can handle this.
I would argue temp insanity, seeing your children die before your eyes; it is very understandable how it could make anyone lose it.
Several years ago, I can recall a father that shot the man that kidnapped and raped his son. There was even a video of the scum bag being lead by some marshalls and the father, shooting the guy dead. He was not convicted
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His attornies can use a defense of extream emotional distress thus making the defandant incomptent to stand trial due to extream emotional distress, but its very hard to prove and the burden will be upon the defense to prove this, I dont belive they can get a conviction on the top counts . but they may get a conviction, just due to the fact the father left the scene of the fatal accident and retrieved a gun and shot the driver. this is where the problem will be for the defence, and a plus for the prosecution. If it were myself I haonestly dont know whay I would have done, But im sure it would nt have been very pleasent for the driver. And Id make sure he remembered what he did for the rest of his miserable life. Rip to the two young boys, I sure hope the father gets off, and may the person whom killed these boys rot and burn in hell for all eturnity....Doc
A very good friend of mine sunk the claw end of a framing hammer into a child molesters skull in the presence of two county cops. Homo boy did the lobotomy twitch on the floor for a while as the police restrained my bro and waited for ems.
Child predator homo boy woke up a paraplegic, for life. He won't be touching any more children. Job well done.
Me bro didn't get a 'not-guilty' but he didn't do any jail time either. A bunch of probation crap for a year is all he was sentenced to.
HE GOT A GUN TO PROTECT HIM SELF FROM A MAN WHO WAS DRUNK AN DURING AN ATTEMPT TO DETAIN THE MAN WHO JUST KILLED HIS KIDS THE MAN TRIED TO ATTACK AN THE GUN WENT OFF WHEN HE GRABBED IT. HE CANT RECALL WHAT HE DID WITH THE GUN OR ANY THING ELSE THAT NITE AS HE RELIZED HIS SON WAS DEAD AN ANOTHER CLINGNNG TO LIFE. THAT SHOULD BE HIS STORY AN HE SHOULD STICK TO IT .
DOES JOSE HAVE A LISCENCE , INSURANCE , GREEN CARD??
Texas Dad Accused of Murdering Drunk Driver Who Killed Kids
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