ANGLETON, Texas — A jury on Wednesday acquitted a southeast Texas man of murder in the fatal shooting of a drunken driver who had just caused an accident that killed the man’s two sons.
David Barajas cried after the verdict was read and he hugged his wife, Cindy, who was also crying.
Prosecutors alleged that Barajas killed 20-year-old Jose Banda in a fit of rage after Banda plowed into Barajas and his sons while they were pushing a truck on a road near their home because it had run out of gas. Twelve-year-old David Jr. and 11-year-old Caleb were killed.
Defense attorney Sam Cammack said that Barajas didn’t kill Banda and that he was only focused on saving his sons. The gun used to kill Banda wasn’t found and there was little physical evidence tying Barajas to the killing.
A relieved Barajas told reporters following the verdict that he hopes to move forward with his life and find closure.
‘‘This was a loss for everybody. Not only did I lose my two sons, they lost a son, too,’’ said Barajas, referring to the Banda family.
Brazoria County District Attorney Jeri Yenne told reporters that she had no regrets for bringing the case to trial.
‘‘We believe that Mr. Barajas committed this crime,’’ she said.
Authorities said that after the crash, Barajas, 32, went to his home about 100 yards from the crash site, got a gun, and returned to shoot Banda.
Legal experts said prosecutors would likely have to overcome jury sympathy for Barajas, who had the support of many residents of Alvin, about 30 miles southeast of Houston. Further complicating their case was that there were no witnesses who identified Barajas as the shooter, and gunshot residue tests done on Barajas came back negative.
A forensic scientist testified that blood found on the driver’s side door and driver’s arm rest of Banda’s car was consistent with that of Barajas.
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FLASHBACK:
"Texas father faces trial in slaying of drunk driver; Man’s sons, ages 11 and 12, were killed in accident" by Juan Lozano | Associated Press August 20, 2014
ANGLETON, Texas — A drunk driver did not deserve ‘‘execution’’ by a Texas father accused of taking the law into his own hands in a fit of rage over the killing of his two sons in an accident, a prosecutor told jurors Tuesday.
I don't approve or sanction such a thing, but I sure as hell understand it.
David Barajas is accused of fatally shooting Jose Banda in December 2012, minutes after the 20-year-old plowed into a pickup truck that Barajas and his two sons had been pushing on a rural road. Twelve-year-old David Jr. died at the scene and 11-year-old Caleb died at a hospital. The pickup had run out of gas about 100 yards from the family’s home.
In opening statements Tuesday in Barajas’s murder trial, prosecutor Brian Hrach told jurors that Banda made a horrible decision by drinking and driving. “He deserved severe legal punishment, but he did not deserve a public execution,’’ Hrach said.
Texas has the death penalty, right?
I'm sorry, but I simply have zero tolerance for drunk driving.
Police allege that Barajas, 32, left the scene of the accident, got a gun from his home, and returned to kill Banda.
Sam Cammack, the defendant’s lawyer, told jurors that Barajas did not kill Banda and that he never left the crash site. Cammack described to jurors a scene in which Barajas, desperate to help his sons, was covered with their blood after performing CPR on them.
‘‘When police get there my client is doing what he was doing the whole time, trying to save his children’s lives,’’ Cammack said.
Legal experts said the case will be difficult to prosecute given the lack of hard evidence: no weapon was recovered, no witnesses identified Barajas as the shooter, and no gunshot residue was found on him.
Really? So once again we seem to have police FRAMING SOMEONE! Barajas must be black.
An even greater challenge for prosecutors could be overcoming sympathy in the community for the father. Many people in the town of Alvin where the tragedy occurred, 30 miles southeast of Houston, have supported Barajas. Some have said they might have done the same thing.
Hrach tried to minimize the absence of a murder weapon, noting that a fragment from a .357-caliber bullet was found at the scene, and that an open box of .357-caliber ammunition was found in Barajas’s home.
His house’s security system, with cameras that would have shown the accident scene, had been disabled, Hrach said.
Witnesses will testify that they saw Barajas leave the scene and then come back and approach Banda’s vehicle while appearing to be hiding something, the prosecutor said.
Also, Barajas’s blood was found on the armrest and dashboard of Banda’s car, he said.
I'm told no witnesses, no evidence, then I'm told witnesses and evidence. WTF?
In his talk to the jury, Cammack tried to cast doubt on the prosecutor’s allegations by noting various other people seen near Banda’s vehicle after the wreck could have been responsible for his death.
That's all you need, and if the government is shit you must acquit.
When 911 calls were played for jurors later Tuesday, Cammack suggested that Barajas would not have had enough time to shoot Banda.
While questioning dispatcher Grace Gambino, Cammack highlighted the timeline: The first call came in at 11:33 p.m., a child was reported dead at 11:34, gunshots were heard at 11:35, and police had arrived and cleared the scene for EMS crews at 11:40 p.m.
At least 25 family members and friends of Barajas were in the courtroom; they entered wearing buttons that said ‘‘Forever in our hearts, David and Caleb Barajas’’ and had a picture of the two boys. At least 20 relatives and friends of Banda were also in the courtroom.
Before opening statements, Judge Terri Holder asked that they take off the buttons, saying she did not want anything to unfairly influence the jury.
Other than all the official trappings of authority, right?
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