Father charged in fatal shooting after Texas wreck (shot man who ran over his sons)

Charter ^ | nday, February 11, 2013 7:40 PM EST | JUAN A. LOZANO Associated Press

[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.

[Albion Wilde]

Tragic.

[5thGenTexan]

Witnessing a drunk driver run over your two kids, killing them and finding him apparently “OK” could be a textbook scenario for a “crime of passion” or temporary insanity.

[TurboZamboni]

I would think so.

[BykrBayb]

Don’t drink and drive.

[Red Badger]

Not guilty...............

[Revolting cat!]

Can one be charged twice for the same crime? He was charged in one previous thread this morning!

[pgkdan]

I agree. Not guilty.

[DickBrannigan]

Not guilty!

[BO Stinkss]

I wish I was on that jury. I have a reasonable doubt.

[Ditter]

I understand. Back in 1984 I could have done the same thing, if I could have found him.

[cuban leaf]

Kinda reminds me of the movie, “Law Abiding Citizen”.

[cripplecreek]

Leniency!

[Pan_Yan]

He was charged in one previous thread this morning!

I searched the title and then posted it. I don't have time to scour through every possible title (they change) and keyword (half the articles don't have any). If we can have 5,000 posts every day for the last ten years from the same twelve people arguing over the same religious topics then surely FR is big enough for two articles about an actual news story.

[Tennessee Nana]

Evidence showed one shot was fired
_________________________________________

One shot would do it..

no need for seven bullts...

Goodbye illegal alien..

Bush justice..

but still justice...

That poor guys life is over anyway...

His sons are dead...

his life destroyed because of Obama and AMNESTY...

How do you live after that ???

I doubt he cares much what they do to him...

[cripplecreek]

No need to find reasonable doubt. Just convince the other jurors that its morally wrong to convict.

JOHN ADAMS (1771): It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.

ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong."

U.S. vs. DOUGHERTY (1972) [D.C. Circuit Court of Appeals]: The jury has...."unreviewable and irreversible power...to acquit in disregard of the instructions on the law given by the trial judge."

[Revolting cat!]

Next time search on single words in the title. It works!

[Revolting cat!]

Next time search on single words in the title. It works!

[Texas Yellow Rose]

I wish I was on this jury. Sounds like a perfect time to use Jury Nullification.

[cripplecreek]

I’m with you. No way in hell would I vote to convict.

I don’t care what the evidence says and I don’t care what the law says. My conscience says otherwise.