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

[speedkilz88]

Downright misleading.

He murdered the drunk two months after the DUI deaths of his sons.

That changes everything.

See > http://abcnews.go.com/US/texas-dad-accused-murdering-drunk-driver-killed-kids/story?id=18477907

WRONG.

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.

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.

 

[Gemini Dolly]

What an ugly story.

Seems like the man also has 3 other children. He made a very bad decision in the heat of the moment.

I hope the jury can find it in their hearts to let the man have the opportunity of being a father to the children that remain.

 

[Stryker44]

This is the way justice should be handled in my opinion. For the citizens. By the citizens. Enforce the public morality.

 

[tyke1doe]

This is the way justice should be handled in my opinion. For the citizens. By the citizens. Enforce the public morality.

We had that type justice in this country at one time. Many innocent people were killed as a result.

It sounds good until you kill someone who doesn't deserve it.

 

[ethiostar]

Not sure how i would have reacted in that situation. Too easy for me to sit here and say this is how I would have handled it. I'm pretty sure I would have been enraged and not thinking straight though. I don't think I would have been in control of my faculties to think about my other children and wife who would need me more now than ever before this incident.

Horrible situation all around.

 

[Cajuncowboy]

I would hope a jury would realize that the law is the law and it can't just let premeditated murderers if it is shown he committed premeditated murder go

The whole "The law is the law" argument is fine but it needs to be administered with common sense and with a focus on the entire situation.

 

[zrinkill]

What he did was legally wrong and but am sure he will gladly pay for it.

If a drunk driver killed my sons I would probably do the same thing.

If I was on the jury, I would believe temporary insanity unless he has a history of violence.

 

[WV Cowboy]

If he would have just reached in the vehicle and choked the drunk driver to death immediately after the accident, .. I think he would have gotten off.

But going back to get a gun and then do what he did, .. it doesn't look good for him.

And like someone else said, it was a bad decision since he has other children and his wife that still need him.

 

[MichaelWinicki]

If he would have just reached in the vehicle and choked the drunk driver to death immediately after the accident, .. I think he would have gotten off.

But going back to get a gun and then do what he did, .. it doesn't look good for him.

I think so too. The going back for the gun is going to create a big problem for his defense.

 

[Diogenes]

Anyone remember this case?

A Fathers Revenge. Shooting his sons rapist.

According to the Victim Jody Plauche,
Based on the facts, Mr. Plauche was justified and a hero in my opinion. Here are the facts:

1. The case took place in Baton Rouge--Ryan Airport at the time (Metro now)...and it took place on Friday, March 16th, 1984 around 9:30pm.

2. I am the boy--and my mother and father have NEVER been divorced...as a matter of fact they are still married to this day. At the time they were separated, but the kidnapper was not my mother's boyfriend! He was my Karate teacher and it was not until after the shooting that his lawyers claimed that my mother and him were boyfriend and girlfriend.

3. As for my mother being in on it...NO WAY! She is the one who called the police and then my father...in that order. There were many hours of taped phone conversations with the kidnapper saying we were in New York when we were really in California.

4. We were tracked down by a collect phone call. My mother asked for "time and charges" and when the operator came back on...she gave the address and the motel room # we were staying at...The Soama Motel in Anaheim, CA--room 38.

5. The sexual abuse was not a rumor--it was a proven scientific fact! I was taken to the hospital and given a rape kit which found spermatazoa on the rectal slide. The sexual abuse had taken place for almost a year "before" the kidnapping. As a matter of fact--the kidnapper lost his sex drive and only molested me a few times over the 10 days I was gone. I have the hospital report--I will post it on my website.

Read the rest here and watch the video here:http://www.liveleak.com/view?i=7f5_1281036313

 

[vta]

Anyone remember this case?

A Fathers Revenge. Shooting his sons rapist.

According to the Victim Jody Plauche,
Based on the facts, Mr. Plauche was justified and a hero in my opinion. Here are the facts:

1. The case took place in Baton Rouge--Ryan Airport at the time (Metro now)...and it took place on Friday, March 16th, 1984 around 9:30pm.

2. I am the boy--and my mother and father have NEVER been divorced...as a matter of fact they are still married to this day. At the time they were separated, but the kidnapper was not my mother's boyfriend! He was my Karate teacher and it was not until after the shooting that his lawyers claimed that my mother and him were boyfriend and girlfriend.

3. As for my mother being in on it...NO WAY! She is the one who called the police and then my father...in that order. There were many hours of taped phone conversations with the kidnapper saying we were in New York when we were really in California.

4. We were tracked down by a collect phone call. My mother asked for "time and charges" and when the operator came back on...she gave the address and the motel room # we were staying at...The Soama Motel in Anaheim, CA--room 38.

5. The sexual abuse was not a rumor--it was a proven scientific fact! I was taken to the hospital and given a rape kit which found spermatazoa on the rectal slide. The sexual abuse had taken place for almost a year "before" the kidnapping. As a matter of fact--the kidnapper lost his sex drive and only molested me a few times over the 10 days I was gone. I have the hospital report--I will post it on my website.

Read the rest here and watch the video here:http://www.liveleak.com/view?i=7f5_1281036313

Yeah I remember that and it's probably the most concise form of justice imagineable. People are terrified about 'copy-cats' on that end, but when it comes to copy-cats gaming the system and dragging our society through the mud it's called due process and far more costly on every level.

 

[Stryker44]

We had that type justice in this country at one time. Many innocent people were killed as a result.

It sounds good until you kill someone who doesn't deserve it.

You have a point - but now we have a system where justice is largely based on how much money you have to spend on your defense as well as the demographics of the local jury pool...

 

[JD_KaPow]

I would hope a jury would realize that the law is the law and it can't just let premeditated murderers if it is shown he committed premeditated murder go

The whole "The law is the law" argument is fine but it needs to be administered with common sense and with a focus on the entire situation.

These aren't in conflict with each other. The jury needs to do their job, which is determining whether he did what he's accused of doing. The prosecution, in deciding on charges, and especially the judge, in sentencing, have the ability to apply common sense and perspective to the case. This is where mandatory sentencing is a problem - taking latitude out of the judge's hands can force the jury into a more difficult situation.

It'll probably never go to trial anyway.

 

[Diogenes]

This is where mandatory sentencing is a problem - taking latitude out of the judge's hands can force the jury into a more difficult situation.

I agree. At the same time, this cuts both ways. There are countless examples of murderers, rapists, and child molesters getting a relative slap on the wrist when they deserved much harsher sentences. The decisions of judges at times are truly mind boggling. So they need to be kept in check to an extent, while at the same time we need to find good balance.

 

[CowboyMcCoy]

What he did was legally wrong and but am sure he will gladly pay for it.

If a drunk driver killed my sons I would probably do the same thing.

If I was on the jury, I would believe temporary insanity unless he has a history of violence.

We agree for once.

 

[CowboyMcCoy]

I think so too. The going back for the gun is going to create a big problem for his defense.

I don't think so. Imagine having witnessed what he witnessed. It's a terrible thing when you see your own child dead. Trust me.

 

[arglebargle]

Too much information missing: Were they pushing that truck on the backside of a curve, or just beneath the crest of a hill? Where even a good driver would have plowed into them? Was the driver even conscious at that point after the wreck? Words exchanged?

You can understand the father's feelings. I'd certainly go for a jury trial.


A wise man once said though, "An Eye for an Eye Will Make the Whole World Blind".

 

[ethiostar]

Too much information missing: Were they pushing that truck on the backside of a curve, or just beneath the crest of a hill? Where even a good driver would have plowed into them? Was the driver even conscious at that point after the wreck? Words exchanged?

You can understand the father's feelings. I'd certainly go for a jury trial.


A wise man once said though, "An Eye for an Eye Will Make the Whole World Blind".

I don't want to belittle your comment or the tragedy of the story here but............

One of my favorite parts of this movie. A good movie, by the way.
[youtube]8uXBXi0q7VM[/youtube]

 

[Cajuncowboy]

These aren't in conflict with each other. The jury needs to do their job, which is determining whether he did what he's accused of doing. The prosecution, in deciding on charges, and especially the judge, in sentencing, have the ability to apply common sense and perspective to the case. This is where mandatory sentencing is a problem - taking latitude out of the judge's hands can force the jury into a more difficult situation.

It'll probably never go to trial anyway.

That's what I meant when saying it had to be administered with common sense.

 

[5Stars]

Oh as a father I agree.

I know off the top of my head several cases locally (over the last few years) where the same thing has happened– where a drunk driver kills someone's child. And yes in many cases the drunk driver hasn't gotten a long prison term.

However if we start allowing folks to simply pop a cap in a drunk driver's knot... Well I'm not sure that's a path we want to go down... because where does it stop?

Several year ago, there was an article about a father who killed his best frind after the friend reaped his 14 year old daughter.

Both of them worked at a furniture store, and the friend that he killed did not know that he knew of the rape.

So, one evening after closing the store, he called his friend to come to the loading dock after hours to help him get some furniture into the warehouse.

The friend showed up, and the man killed him on the spot.

After he was indicted and sent to death row, he said that he made the biggest mistake of his life by what he did, and that now he left behind a wife and four other children that he will never, ever, get to touch, hold, or kiss, much less his daughter that got raped.

Sometimes, during a tragedy like these, unless you want to make matters worse...you better think twice about your actions.

So sad...