Free Republic
Browse · Search
News/Activism
Topics · Post Article

An update to this story:

Fatal shooting of driver after 2 boys killed in wreck remains a mystery

http://www.freerepublic.com/focus/f-news/2971921/posts

1 posted on 02/12/2013 6:51:16 AM PST by Nickname
[ Post Reply | Private Reply | View Replies ]


To: Nickname

It is very possible he could get off light in some parts of Texas


2 posted on 02/12/2013 6:53:46 AM PST by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

This article has a little more detail:

Grieving father charged in shooting death of driver

http://www.myfoxhouston.com/story/21111145/2013/02/11/grieving-father-charged

“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.”


3 posted on 02/12/2013 6:55:11 AM PST by Nickname
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

This is the only kind of honor killing that should be allowed.


5 posted on 02/12/2013 7:00:17 AM PST by I want the USA back
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

If I were his lawyer, I’d de,amd a jury trial.


6 posted on 02/12/2013 7:03:30 AM PST by pleasedontzotme
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

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.


7 posted on 02/12/2013 7:06:05 AM PST by T-Bird45 (It feels like the seventies, and it shouldn't.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

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.


8 posted on 02/12/2013 7:07:20 AM PST by rusty schucklefurd
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

Don’t drink and drive. Because fathers of kids killed by drunk drivers might cap your ass.


15 posted on 02/12/2013 7:13:04 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

A Latino driving drunk and killing someone? No way.


16 posted on 02/12/2013 7:14:34 AM PST by AppyPappy (If you aren't part of the solution, there is good money to be made prolonging the problem.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

If I ended up on the jury, my vote would be time served.


18 posted on 02/12/2013 7:18:49 AM PST by red-dawg
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname
A house near mine has this sign up on a tree:

Speed Limit 30
If you hurt one of my children speeding
You won't need a lawyer

We need more of this - much more.

Wish I could be on the jury.

19 posted on 02/12/2013 7:21:45 AM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

This father may have invented a new charge; “Criminal Justifiable Homicide”. I certainly understand his actions.


20 posted on 02/12/2013 7:23:13 AM PST by muir_redwoods (Don't fire until you see the blue of their helmets)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

Not guilty. Justifiable homicide.

(Although the state should reimburse him the cost of the bullets)


22 posted on 02/12/2013 7:26:25 AM PST by John O (God Save America (Please))
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

I’ve always felt death was the appropriate punishment for drunk drivers who kill.


23 posted on 02/12/2013 7:29:16 AM PST by TheDon (Criminalizing self defense contributed to the Sandy Hook massacre.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname
He did what any father should do. Legal or not to watch two of your sons die at the hands of a goddamn drunk is to much for any reasonable person to handle. It is a case of temporary insanity and in my opinion justifiable homicide.The drunk would have been given a sentence of a few years and probation and most likely would be back on the streets drunk again. There is a difference between legality and justice. In this case I believe the father delivered justice....just not justice within the law . He should serve some type of community service and be left to grieve for his sons.
24 posted on 02/12/2013 7:37:14 AM PST by ontap
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

The father murdered the man who killed his sons.
His sentence, one day suspended.


32 posted on 02/12/2013 8:21:50 AM PST by svcw (Why is one cell on another planet considered life, and in the womb it is not.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

If the prosecutor goes for a murder conviction he’s making a big mistake. At most I might vote guilty for manslaughter and then recommend probation. If murder was the only choice I would have no choice but to vote not guilty.


34 posted on 02/12/2013 8:52:43 AM PST by ChuckHam
[ Post Reply | Private Reply | To 1 | View Replies ]

Vigilante justice takes place when a justice system is broken. The justice system doesn’t want to take these drunks and throw the book at them.

When you enact vigilante justice, don’t get caught.


37 posted on 02/12/2013 10:08:31 AM PST by snowstorm12
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname
The movie "Anatomy of a Murder" comes to mind.

I think this case argues even more strongly for an outcome which recognizes that "normal" behavior may include killing a drunk driver who murders one's children. There would be good justification for believing that the courts would let the murderous drunk off lightly and that the situation could occur again.

There's a possible problem if the children were exposed to an unreasonable danger which might have resulted in their deaths from even a sober driver.

I wonder what the father thought the consequences of his action would be? I'm guessing that he gave it no thought at all.

39 posted on 02/12/2013 11:09:19 AM PST by William Tell
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Nickname

If I was on the jury, no way would I vote to convict.
Case closed.


45 posted on 02/12/2013 6:26:42 PM PST by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson