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  1. Join Date
    Sep 2003
    Posts
    25,039
    #1
    Do you agree???

    A jury returned a verdict of not guilty today for a Texas father accused of the shooting death of a drunk driver who killed his two sons.

    David Barajas was accused of fatally shooting 20-year-old Jose Banda in December 2012 after Banda plowed into a vehicle that Barajas and his two sons had been pushing on a rural road in Alvin, about 30 miles southeast of Houston.

    The Barajas family broke into tears in the courtroom today while Jose Banda's family sat in stunned belief.

    "I am relieved but still in pain. My two boys are dead and nothing will bring them back," Barajas said in a post decision news conference.

    David Jr., 12, and Caleb, 11, were killed in the accident.

    A visibily angry District Attorney Jeri Yenne said prosecutors "would never present a case against a person we did not believe was guilty."

    "Three sons were lost that day. The Barajas children and the Banda son," Yenne said.

    If Barajas had been convicted, he faced a potential life sentence.
    Jury Finds David Barajas Not Guilty in Shooting Death of Drunk Driver Who Killed Two Sons - ABC News

  2. Join Date
    Jan 2005
    Posts
    6,059
    #2
    Been following this for a while, Barajas had no gunshot residue, police didn't find the gun. He and his sons were pushing their broken down vehicle to the side of the road when Banda slammed into them. It's the right verdict.

    Posted via Tsikot Mobile App

  3. Join Date
    Aug 2004
    Posts
    6,139
    #3
    I would do the same.

    Similar situation to A Time to Kill (1996) - IMDb

  4. Join Date
    Nov 2013
    Posts
    2,077
    #4
    Quote Originally Posted by falken View Post
    Been following this for a while, Barajas had no gunshot residue, police didn't find the gun. He and his sons were pushing their broken down vehicle to the side of the road when Banda slammed into them. It's the right verdict.

    Posted via Tsikot Mobile App
    no evidence at all? amazing cleanup.

  5. Join Date
    Aug 2004
    Posts
    6,139
    #5
    They found a holster that would fit the gun.

  6. Join Date
    Mar 2010
    Posts
    3,823
    #6
    Quote Originally Posted by JohnM View Post
    They found a holster that would fit the gun.
    which isn't enough for a solid case in the states. anyway i probably would've done the same.

  7. Join Date
    Nov 2013
    Posts
    2,077
    #7
    Quote Originally Posted by foresterx View Post
    which isn't enough for a solid case in the states. anyway i probably would've done the same.
    yep, me too. would've shot the drunk driver multiple times, with or without witnesses.

  8. Join Date
    Aug 2004
    Posts
    22,705
    #8
    Very possible. But also possibly not. If police arrested him on the spot and had access to his clothing and still found no gunshot residue there, then there's little they can do. You can wash off the residue quite easily... but that requires washing. Which would take time. Thus, Barajas needed to somehow shower and dispose of bloody clothing with gunshot residue (and a gun) where no one could find it, then go back and get himself bloody and grieving again in the five minutes it took for police to get there.

    According to the timeline given in other articles, it was just five minutes from the gunshot till the police arrival. Very little time to do all of that. And Barajas was already on the phone to 911 before the gunshot, so he was expecting police to arrive, but he didn't know when.

    -

    Shot the guy? I would have strangled him with my bare, bloody hands. Temporary insanity is a legitimate defense in these cases.

    Ang pagbalik ng comeback...

  9. Join Date
    Jan 2003
    Posts
    3,779
    #9
    Remember the golden rule, "Don't do to others what others don't want to do unto you". The moron driver in a rural road can easily hit a lot of open space but why aim for the 3 Barajas? Banda's claim it was an accident, so he was accidentally shot as well.

    Justice was immediately served upon Banda's death.

  10. Join Date
    Jul 2013
    Posts
    2,450
    #10
    "My two boys are dead and nothing will bring them back," - Barajas

    --------

    Killing the drunk driver won't bring his sons back. Plus him killing the drunk driver is not a punishment. Killing the driver actually prevented a prison term which would have been a better option if the father wanted the driver to really suffer.

    For me, this is a bad precedent.

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Jury Finds Texas Man Not Guilty in Shooting Death of Drunk Driver Who Killed Two Sons