Father shot dead drunk driver moments after he crashed into truck killing

[speedkilz88]

A father has been charged with murder on Friday after allegedly shooting a drunk driver moments after he plowed into his truck killing his two young sons.
David Barajas, 31, and his sons, 12-year-old David Jr. and 11-year-old Caleb, were about 50 yards from their Houston-area home when a car crashed into them on a dark rural road.



------
The tragedy unfolded just after 11pm when the Barajas’ family car ran out of gas along County Road 144 about 30 miles from Houston, MyFox Houston reported..
Caleb and David were helping push their father’s stalled truck when a car driven by 21-year-old Jose Banda slammed into the vehicle from behind.

The older of the two brother was killed on the spot, while his 11-year-old brother was airlifted to a hospital, where he eventually succumbed to his injuries.
The Harris County Medical Examiner said just moments after the fatal crash, Banda died from a gunshot wound to the head.
Police said no weapon has been recovered at the scene, but shots were heard after the crash.
Janie Tellez, Banda’s aunt, came to her nephew’s defense, demanding that his killer be arrested and prosecuted to the full extent of the law.

‘It was an accident. He didn't purposely do that,’ Tellez told ABC13. 'Whoever did it is getting away with murdering my nephew. He deserves justice.’




Brazoria County sheriff's investigator Dominick Sanders said Monday that witnesses told authorities they saw Barajas, right after the crash, walk to his home and then return a few minutes later and approach Banda's vehicle.
Evidence showed one shot was fired, he said.

'Every time we would pursue a lead, it always came back to Mr. Barajas,' Sanders said. 'We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired.'
Members of the Barajas family have been accused since the accident.
After the accident and shooting, the Barajas told KHOU 11 News Wednesday that someone has threatened a drive-by shooting at the family’s home, forcing the grieving family to go into hiding.
According to the slain boys’ parents, someone wrote a message on Facebook accusing Cindy Barajas of shooting Banda.

‘I don’t know why people would think something like that or why people would try to accuse them of something when they already have two babies lost,’ said Sally Roman, who was friends with the two young victims.
Barajas was indicted for murder Friday and turned himself in Sunday. He was being held Monday in the Brazoria County Jail on a $450,000 bond.
Court records did not list an attorney for him.

Gabriel Barajas, David Barajas' brother, had previously said his sibling had remembered the crash as a 'blur' and called speculation that his brother or another family member might have been responsible for Banda's murder 'ugly.'
Barajas' wife, Cindy, was in the truck when it was hit, along with the couple's 8-year-old daughter and 3-month-old son.
A search of Barajas' home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. The case is 'going to be much more difficult if we don't have a weapon,' he added.
Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said.
Investigators also are awaiting DNA test results of some 'biological material' that was found at the scene.
Sanders declined to elaborate on the material that is being tested.


Read more: http://www.dailymail.co.uk/news/arti...#ixzz2KonoxVlC

[vta]

Originally Posted by speedkilz88

‘It was an accident. He didn't purposely do that,’ Tellez told ABC13. 'Whoever did it is getting away with murdering my nephew. He deserves justice.’

He got justice.

[numnuts23]

As a father, I'm not sure I wouldn't have done the same. I know sitting here typing this, that it was wrong, but at that moment, given that situation....I'm just not sure.

[BringBackThatOleTimeBoys]

This is one of those situations that if I were on the jury, I would not convict him even if he took justice into his own hands.

Of course it's not likely I'd get selected.

[dexternjack]

In a situation like that, rage and fury takes over I'm sure. Now, if he shot him moments after the crash, could that be defined as a crime of passion in law?

Since he walked home, grabbed a gun only to return and shoot him, it becomes premeditated I think.

This is a tricky one for sure and I am not sure I would not have shot him myself either in that situation. He is going to jail/prison but for how long, I have no clue.

[BringBackThatOleTimeBoys]

^ what could hurt him more than an absolutely irresponsible driver killed two of his sons?

[CanadianCowboysFan]

Originally Posted by dexternjack

In a situation like that, rage and fury takes over I'm sure. Now, if he shot him moments after the crash, could that be defined as a crime of passion in law?

Since he walked home, grabbed a gun only to return and shoot him, it becomes premeditated I think.

This is a tricky one for sure and I am not sure I would not have shot him myself either in that situation. He is going to jail/prison but for how long, I have no clue.

going home and getting the gun certainly makes it seem premeditated

however, even if he did at the time in the heat of the moment, you still aren't supposed to go around shooting people if you are not doing it in self-defence and this guy was not acting in self-defence

[joseephuss]

How did the father know the guy was drunk? And I mean 100% positive the guy was drunk and that was the reason he wrecked. I am not assuming the man wasn't drunk, but based on this article it seems the father drew that conclusion rather quickly. Or perhaps it didn't matter to the father. Maybe he was going to kill the guy no matter what for killing his son and injuring the other (at the time). I can understand the emotion he went through, but all the same he did commit a crime and will now go to prison for it.

[BringBackThatOleTimeBoys]

This is like those occasional stories of a store owner suffers several break-ins, then has charges pressed after shooting a thief.

[CanadianCowboysFan]

Originally Posted by BringBackThatOleTimeBoys

This is like those occasional stories of a store owner suffers several break-ins, then has charges pressed after shooting a thief.

It is nothing like that situation.

[jnday]

Originally Posted by CanadianCowboysFan

You shouldn't take the law into your own hands. However it is Texas so I am sure he will be lauded.

I have no problem with this man taking the law into his own hands. He got justice for his two sons on the spot. If he hadn't shot the drunk driver, the guy would have served a couple years and went on to a normal life.

[muck4doo]

That headline is confusing

[speedkilz88]

Originally Posted by muck4doo

That headline is confusing

Sorry but it got cut off (too many characters).
Father ‘shot dead drunk driver moments after he crashed into truck killing his two young sons


For some reason the auto link is a dead link. Here's the direct one:

http://www.dailymail.co.uk/news/arti...age-11-12.html

[CanadianCowboysFan]

Originally Posted by jnday

I have no problem with this man taking the law into his own hands. He got justice for his two sons on the spot. If he hadn't shot the drunk driver, the guy would have served a couple years and went on to a normal life.

If you don't like the laws, lobby to change them, don't usurp them.

[BringBackThatOleTimeBoys]

Originally Posted by CanadianCowboysFan

It is nothing like that situation.

I see a commonality of victims striking back, maybe taking justice into their own hands.

Can't speak for the man that killed the drunk, but there are way too many DUI deaths and they are done by people that have been repeat offenders. Texas leads the US in DUI deaths. He may have been thinking he would make sure this drunk never had a chance to do it again, but I can't get into his mind.