Posted on 02/12/2013 10:04:43 AM PST by Pan_Yan
HOUSTON (AP) — A Texas man has been charged with murder in the fatal shooting at a crash scene of a suspected drunken driver who authorities say plowed into his sons as they helped push their family's broken-down pickup truck along a dark, narrow, rural road.
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. David Jr. died at the scene, while Caleb died later at a hospital.
Neighbors said they heard gunshots minutes after the Dec. 7 crash near Alvin, about 30 miles southeast of Houston. Jose Banda, the 20-year-old driver who hit the boys, was later found shot in the head. His death was ruled a homicide.
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.
(Excerpt) Read more at charter.net ...
I'd suggest watching "Law Abiding Citizen" before trying to tie this incident with that movie. This incident and that movie are not even close.
I’d suggest watching “Law Abiding Citizen” before trying to tie this incident with that movie. This incident and that movie are not even close.
BTW, I just watched it a week ago. It’s why it was even on my mind.
Can one be charged twice for the same crime? He was charged in one previous thread this morning!
Yes, unless he found innocent by a jury for the morning charge. You can only be tried once. They file, unfile and refile charges. But you can’t unfile your nails.
Will it get you jail time, substantial fine and your vehicle impounded.
I wouldn't find it necessary to walk to my home to get a firearm. I carry.
If this incident goes to trial and is in fact as it has been presented on the internet, I believe a jury could find that the father was temporarily insane.
I've watched the movie several times. It's a really good movie, and I liked what Clyde Shelton did to the two thugs. I didn't much care for how he declared war against everyone else, though, I understood it.
“This means that a good driver typically wouldn’t have the accident regardless of what is happening on the road.”
I generally agree with you. I guess my point is that even sober drivers have accidents.
The actual situation, if obstructed view etc., would temper my judgement in any case.
Hence, I’m not that quick to lambaste the subject of stories in the press, of all places, when the press gets so much wrong as a matter of course.
When I’ve read stories in the press on subjects that I’m actually privvy to, I see they ALWAYS get at least one thing wrong in the story.
In the case of this story, I’m more interested in pointing out the relevant facts not presented than defending either subject of the story.
“How long is “temporary” to the law?”
Honestly, no clue but I doubt it will come into play here. I can understand having to charge him, we can’t allow official ‘vigilante justice.’ Jury nullification is another story.
Had it been my kids I truly would have gone insane. Permanently.
I don’t doubt for a minute the guy came unglued, I would have. Suppose the other guy was talking on a cell phone, texting, f’en with the radio, or eating a sandwich, is the dad still justified in what he did? I’m not taking sides, just trying to see how this plays out and keep seeing jail for the dad on some type of manslaughter charge.
Justified? That's not relevant. The father after witnessing his two young sons being killed by a reckless individual understandably snapped. How many of us can state conclusively that in the same situation we wouldn't react as irrationally?
Yep.
It’s doubtful I’ll see any news on how this concludes, but I’m still thinking jail time. Also, I would not be surprised in the least if the dead drunk’s family lawyers up and comes after the guy.
Or jury nullification.
Being a parent and a seldom user of alcohol, NEVER before driving, I know how I would vote!
http://www.facebook.com/RipJoseInesBandaJr
Tori Gauna
I’m tired of seeing “he deserved it” NO ONE deserves that to happen. Ppl acting like he was some horrible person out causing accidents all the time. Yes this shit was unfortunate , the whole damn story is SAD but instead of you all talking all this shit how bout yall pray for the families. It was an ACCIDENT!!!!!! Jr has family too!!!! Ppl make very STUPID decisions but he did NOT deserve to be killed. Neither did the boys. Ive prayed for both the families. I can’t imagine losing my boy like that it would drive me crazy & then I put myself in Jrs family shoes too.. your kid will do what he pleases EVEN if you teach them right , you just can’t control some things. Some folks need to really think about what they are saying , you’re kids aren’t perfect either .. who’s to say they don’t cause some kind of ACCIDENT later in life. Sounds bad but its TRUE. This world is really fucked up & bad things happen to good ppl. Ppl shouldn’t take matters into their own hands. God will judge every single one of us when it’s time. Had to get this off my chest.
R.I.P Caleb, David, & Jr.
11 hours ago via mobile
Xbox
Justifiable Homicide 101:The concept of justifiable homicide in criminal law stands on the dividing line between an excuse, justification and an exculpation. It differs from other forms of homicide in that, due to certain circumstances, the homicide is justified as preventing greater harm to innocents. A homicide can only be justified if there is sufficient evidence to suggest that it was reasonable to believe that the offending party posed an imminent threat to the life or wellbeing of another.
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