Skip to comments.Father charged in murder of man who killed his 2 sons
Posted on 02/12/2013 6:51:08 AM PST by Nickname
BRAZORIA COUNTY, Texas -
A Brazoria County grand jury has indicted a father for the murder of another man.
According to investigators, David Barajas shot and killed a drunk driver who hit and killed his two young sons.
(Excerpt) Read more at click2houston.com ...
Fatal shooting of driver after 2 boys killed in wreck remains a mystery
It is very possible he could get off light in some parts of Texas
This article has a little more detail:
Grieving father charged in shooting death of driver
“No one recovered a gun at the site of the crash, but people reported hearing gunshots fired after the accident.
Brazoria County investigators interviewed several witnesses who were present at the accident scene. Those witnesses said they observed David Barajas walk away from the accident site to his home and return to the area before approaching Banda’s car when the gunshots were fired.”
If I were on the Jury I would refuse to convict.
This is the only kind of honor killing that should be allowed.
If I were his lawyer, I’d de,amd a jury trial.
While the grand jury was probably right to indict, the trial jury is the appropriate place for his lawyers to achieve justice. I know I’d have a hard time convicting the father in this case.
If the father did shoot the driver, there is no avoiding the fact that that is murder. However, I don’t think he’ll be convicted because any jury would see this as a case of “temporary insanity” on the part of a parent who has just seen his two sons killed by a drunk driver.
I’m not saying I believe in the temporary insanity excuse per se, but if there is such a thing, this would be an instance of it.
I think they will have a very tough time finding a jury to convict this father with anything more than a couple of years in prison or possibly just some time in a medical/mental rehab facility.
Did he take the law into his own hands? Yes, but I’m not sure too many of us would not have done the same thing.
Alright, so this wasn’t some months-later vigilante justice. The dad watched his kids killed right in front of him by an obviously drunk guy, walked straight to his house, got the gun and shot the dude right there.
So no premeditation. Temporary insanity. This changes the whole story.
If I were on the jury, nullification would definitely be on the table!
I cannot imagine the unbearable grief he felt, seeing his sons killed and probably holding their lifeless bodies at the side of the road.
I hope this family is spared further torment.
Locally here in Austin (the city of Autism) they are seeing it different. They are faulting the dad for being careless having his kids pushing a truck on a dark road. Bad choice on dad’s part but the driver was drunk and never hit his brakes or tried to evade the truck. I cannot say I would not have done the same except I would not have had to walk home to get the weapon.
We have too many Yankees, foreigners, and California nuts here that refuse to assimilate and want to make us just like where they came.
Sounds like a ready made case for jury nullification.
I think that could happen too!
Don’t drink and drive. Because fathers of kids killed by drunk drivers might cap your ass.
A Latino driving drunk and killing someone? No way.
Since we don’t really have a law that provides a satisfactory outcome in such cases, he didn’t take the law into his own hands.
If I ended up on the jury, my vote would be time served.
We need more of this - much more.
Wish I could be on the jury.
This father may have invented a new charge; “Criminal Justifiable Homicide”. I certainly understand his actions.
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