Texas Dad Accused of Murdering Drunk Driver Who Killed Kids

[Teh One Who Knocks]

By RUSSELL GOLDMAN - ABC News


http://i.imgur.com/BR5Yjqu.jpg

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."

[Loser]

Let him go, justice was done :thumbsup:

[Acid Trip]

We call this Texas Justice and the case should be dropped.

[RBP]

I'd like to know what "intoxicated" means in this case and exactly how the accident happened.

Not sure I agree with you two on this one.

[KevinD]

Here's my take on it. Actually had a detailed discussion about this with my wife the other night.

While as a father, I can certainly 100% understand why David did this, I can't condone it. As a gun owner, this is NOT what self defense, castle doctrine, call it what you like means.
To me, David is guilty of murder, plain and simple. I also believe that it is premeditated being as after the boys were killed, David walked to his home with the express purpose of getting his gun to kill the driver. This shows intent, and clarity of mind.

[Acid Trip]

Here's my take on it. Actually had a detailed discussion about this with my wife the other night.

While as a father, I can certainly 100% understand why David did this, I can't condone it. As a gun owner, this is NOT what self defense, castle doctrine, call it what you like means.
To me, David is guilty of murder, plain and simple. I also believe that it is premeditated being as after the boys were killed, David walked to his home with the express purpose of getting his gun to kill the driver. This shows intent, and clarity of mind.

How do you know that was his expressed purpose? Were you there or did you ask him?

And how could his mind possibly be clear when two of his children were murdered in front of him? I'd called that psychotic rage, not "clarity of mind".

[Teh One Who Knocks]

How do you know that was his expressed purpose? Were you there or did you ask him?

And how could his mind possibly be clear when two of his children were murdered in front of him? I'd called that psychotic rage, not "clarity of mind".

He hid the weapon after he killed the guy, in fact he hid it so well the cops couldn't find it, someone not thinking clearly about what he had done wouldn't have done that.

[FBD]

Homes should have just done the deed and waited there with his weapon unloaded. Yeah, I did it. Now give me my jury. Trying to hide something like that is the worst possible action to take, that's what's going to make you guilty. No jury down there would put him away for doing it and being honest about it. For too long, at least.

Agree wholeheartedly with Kev though...this is not what guns are for, and this was murder, though...man...if I watched that shit happen to my two sons like that, hooboy.

[KevinD]

While I don't doubt he was in a rage, ( I would be as well) That does NOT give him the right to walk to his home, get his gun, return to the scene, proceed to shoot the driver, then hide the weapon. This shows calculated thought. Clear to me.

[Acid Trip]

While I don't doubt he was in a rage, ( I would be as well) That does NOT give him the right to walk to his home, get his gun, return to the scene, proceed to shoot the driver, then hide the weapon. This shows calculated thought. Clear to me.

Self preservation and calculated thought are too different things.

He probably killed the guy in a blind rage then realized "oh shit, I killed the guy" and proceeded with self preservation. It's human instinct.

[FBD]

at least, that's what the defense is going to be.

[Teh One Who Knocks]

Being in a blind rage (if he decides to plead not guilty be reason of temporary insanity) still does not give him the right to be judge, jury, and executioner, no matter what the circumstances are.

And I agree with Kev 100%, this was (IMHO) First Degree Murder and the guy is guilty.

[Acid Trip]

Being in a blind rage (if he decides to plead not guilty be reason of temporary insanity) still does not give him the right to be judge, jury, and executioner, no matter what the circumstances are.

And I agree with Kev 100%, this was (IMHO) First Degree Murder and the guy is guilty.

I'm not saying he's not guilty. I'm saying there are extenuating circumstances that will most likely get him acquitted.

[KevinD]

Homes should have just done the deed and waited there with his weapon unloaded. Yeah, I did it. Now give me my jury. Trying to hide something like that is the worst possible action to take, that's what's going to make you guilty. No jury down there would put him away for doing it and being honest about it. For too long, at least.

Agree wholeheartedly with Kev though...this is not what guns are for, and this was murder, though...man...if I watched that shit happen to my two sons like that, hooboy.

Chances are that had he gotten the weapon from his truck, then shot the driver, and then waited, it may have been defensible as a "crime of passion"

[Loser]

Yea, all I'm saying is, if some drunken asshole killed my two kids, I would murder his entire family.

End of story.

[Muddy]

Homes should have just done the deed and waited there with his weapon unloaded. Yeah, I did it. Now give me my jury. Trying to hide something like that is the worst possible action to take, that's what's going to make you guilty. No jury down there would put him away for doing it and being honest about it. For too long, at least.

Agree wholeheartedly with Kev though...this is not what guns are for, and this was murder, though...man...if I watched that shit happen to my two sons like that, hooboy.

Guess what? We agreee! :cheerlead:

[Teh One Who Knocks]

Yea, all I'm saying is, if some drunken asshole killed my two kids, I would murder his entire family.

End of story.

Nobody here is saying that they don't have empathy for the guy, all we are saying is that by doing what he did, he will now likely spend the rest of his life in prison. He killed that person in cold blood, end of.

[Loser]

Nobody here is saying that they don't have empathy for the guy, all we are saying is that by doing what he did, he will now likely spend the rest of his life in prison. He killed that person in cold blood, end of.

Oh, don't get me wrong, I fully understand that.

I'm saying that, after watching my two children being killed, his life, his families lives, and my life would instantly become null and void.

I would have no reason to continue living, because I would have no semblence of sanity left.

[FBD]

would this have been any better if he just went over and corkscrewed the guy's neck?

[Pony]

Being a rural road I'd like to know if there were any street lights and if they had the trucks hazards on.

Not trying to justify the guy being drunk here but if it was a pitch black road with no lights on the truck it may not have mattered that the guy had been drinking.

[PorkChopSandwiches]

We call this Texas Justice and the case should be dropped.

Yet you are against the Feds using drones?

[RBP]

Being a rural road I'd like to know if there were any street lights and if they had the trucks hazards on.

Not trying to justify the guy being drunk here but if it was a pitch black road with no lights on the truck it may not have mattered that the guy had been drinking.

Yes and it doesn't provide any definition of "intoxicated" - that could mean a lot of things.

Having said that, I doubt the dad made the decision based on his BAC... no way he would have known that unless the guy was falling down wasted.

[FBD]

Yet you are against the Feds using drones?

skipping stone vs plymouth rock a bit tho aint it?

[Teh One Who Knocks]

Yet you are against the Feds using drones?


skipping stone vs plymouth rock a bit tho aint it?

Not really....what's the difference between some faceless bureaucrat signing someone's death warrant or some guy intent on vigilante justice killing someone? Neither person had their due process...

[Hal-9000]

Being in a blind rage (if he decides to plead not guilty be reason of temporary insanity) still does not give him the right to be judge, jury, and executioner, no matter what the circumstances are.

And I agree with Kev 100%, this was (IMHO) First Degree Murder and the guy is guilty.

Can not agree more with this post. It's a problem I've touched on in other threads...he may be a responsible gun owner 364 days a year, it's the day he loses his mind with anger, grief, etc and decides he gets to mete out justice with his firearm that's a worry..


all that being said, if I witness someone killing a family member of mine, I may do the same thing...gun or no gun in my hand

[PorkChopSandwiches]

Not really....what's the difference between some faceless bureaucrat signing someone's death warrant or some guy intent on vigilante justice killing someone? Neither person had their due process...



That my point exactly

[PorkChopSandwiches]

Can not agree more with this post. It's a problem I've touched on in other threads...he may be a responsible gun owner 364 days a year, it's the day he loses his mind with anger, grief, etc and decides he gets to mete out justice with his firearm that's a worry..


all that being said, if I witness someone killing a family member of mine, I may do the same thing...gun or no gun in my hand

He just saw his kids get killed, that guy was dying one way or the other

[FBD]

Not really....what's the difference between some faceless bureaucrat signing someone's death warrant or some guy intent on vigilante justice killing someone? Neither person had their due process...

One's a one-off, the other's a policy ;)