quote HOUSTON—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 40 metres from their Houston-area home when a car crashed into them. David Jr. died at the scene, while Caleb died later at a hospital. Neighbours said they heard gunshots minutes after the Dec. 7 crash near Alvin, about 50 kilometres 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. “Every time we would pursue a lead, it always came back to Mr. Barajas,” Sanders said. “We have numerous statements placing him there at the car in close proximity to the victim at the time the gunshot was fired.” Barajas was indicted for murder Friday and turned himself in Sunday. He was being held Monday in the Brazoria County Jail on a $450,000 bond. Court records did not list an attorney for him. Gabriel Barajas, David Barajas’ brother, had previously said his sibling had remembered the crash as a “blur” and called speculation that his brother or another family member might have been responsible for Banda’s murder “ugly.” Barajas’ wife, Cindy, was in the truck when it was hit, along with the couple’s 8-year-old daughter and 3-month-old son. A search of Barajas’ home found ammunition that is consistent with the bullet that killed Banda, but authorities have not located the weapon used in the shooting, Sanders said. The case is “going to be much more difficult if we don’t have a weapon,” he added. Gunshot residue tests were done on both Barajas and Banda, and authorities are still waiting for those results, Sanders said. Investigators also are awaiting DNA test results of some “biological material” that was found at the scene. Sanders declined to elaborate on the material that is being tested.

http://www.capitalbay.com/h...-two-young-sons.html

[This message has been edited by Boondawg (edited 02-13-2013).]

This is what we all should do to anyone drunk driving. Good for him.

What a tragedy... but I can totally see why he would have shot the driver.

A few questions come to mind.

How did the father know the driver was drunk?
Did the broken down truck they were pushing have lights?


Sad situation for everyone.


EDIT: Not that I'm saying the drunk driver was not at fault and didn't deserve to die. He should have never been behind the wheel.

[This message has been edited by CoryFiero (edited 02-13-2013).]

quote Originally posted by IMSA GT: This is what we all should do to anyone drunk driving. Good for him.

The driver should get his day in court first.

quote Originally posted by IMSA GT: This is what we all should do to anyone drunk driving. Good for him.

If you believe in America, The Constitution, This Country, etc, etc., then you believe in The Rule Of Law.
You cannot take the law into your own hands.
It's one of the main things that makes America America.

It makes me feel stupid to have to remind good men of that, time & time again.

Oh geez. How would I have responded? Yep, I would have pumelled the guy to death. I am 100% sure that my reactions would have been near his. Sorry for the blunt truth, but if anyone were to cause harm to my son, then I would cause equal or greater harm to that individual. No questions asked.

I could shed tears tight now. I am so sorry for that family's loss.

Edit: Different views will come into this thread, but I stand by mine. Period. I am a firm believer in calling in a drunkard, and even following them until police arrive.

Just to be clear, I too would have persued actions beyond the law. If my son were laying there dead in an incident like this, NOBODY else's feelings need to come into play. Not Amy's. Not anybody's. Just mine.

Um, wow! I am pizzed. I hate drunk drivers!

[This message has been edited by Tony Kania (edited 02-13-2013).]

quote Originally posted by CoryFiero: A few questions come to mind. How did the father know the driver was drunk? Did the broken down truck they were pushing have lights?

You'd think a good reporter would ask those kind of questions before writing an article that is so emotionally-charged.

I can see a diminished capacity defense. No one would be in their right mind after that.

Don't blame him and don't feel too bad about it. The guy should have had his day in court but, he killed 2 people through negligence and stupidity. Not a Great loss to our race. The guy will get off with insanity or something.

Don't get me wrong, I understand a reckoning.
But understanding it don't make it right.

[This message has been edited by Boondawg (edited 02-13-2013).]

Two words: temporary insanity

Also, if someone ran over my kids, I'd probably kill the guy too.

quote Originally posted by Formula88: I can see a diminished capacity defense. No one would be in their right mind after that.

That certainly could be a route that a defense lawyer would try to take. The problem with that is that (according to the story at least), he had the capacity to leave the scene, then come back, shoot the man, and most importantly got rid of the gun. I can understand the blind rage that this father must have felt to kill this man and I can't say that it's really a bad thing that he did. If I were a juror, I could grant leiniency (sp.?) to him if he didn't get rid of the gun. But ditching the gun shows to me that he was trying to hide his actions, that he knew what he did was wrong and that is probably going to hang him up some.

This is an interesting case and I'll probably continue to follow it.

[This message has been edited by AkursedX (edited 02-13-2013).]

I don't know the defense would work, but I can certainly see it being used.
The leaving and coming back would be his undoing.

I see a Diminished Capacity Defense here as well. His children were killed. The revenge switch was flipped, he walked back home to get his gun and took the guys life that took his kid's lives. I couldn't imagine watching my children lives being taken right in front of me. The driver being drunk and underage just adds to the fact that he was irresponsible. The driver could have been sober and hit those kids and I am sure the outcome would have been the same.

quote Originally posted by craigsfiero2007: The driver could have been sober and hit those kids and I am sure the outcome would have been the same.

Good point.

Jury will decide both his guilt and his sentence in Texas unless he pleads out.

The sentence phase will be the most interesting part, and it is possible they will consider it justifiable homicide.
Hard to say.
It is also possible, he may plead a case of Castle Doctrine.
In Texas, the State Castle Doctrine statute (Rule of Law) says a man's castle extends to his vehicle as well as his home and work place.

[This message has been edited by maryjane (edited 02-13-2013).]

quote Originally posted by Boondawg: If you believe in America, The Constitution, This Country, etc, etc., then you believe in The Rule Of Law. You cannot take the law into your own hands. It's one of the main things that makes America America. It makes me feel stupid to have to remind good men of that, time & time again.

so then you should let the burgler rob you and wait for the police to arrest him so he can have his day in court? i think IMHO bottom line is this guy killed that guys kids and there is no ifs and or butts about it. whether he shot the kids with a gun or killed them with a car i say he got what was coming and id have done the same thing

What a sad situation all around , if those were my children I don't know if I'd be able to hold back from severely maiming him if not killing him

quote Originally posted by User00013170: The driver should get his day in court first.

While I do agree he should have gotten his day in court as a father I can also understand the man’s outrage and reaction.

If it had been me and my kids I am really not sure what I would have done, honestly, and I would be willing to bet any parent here feels the same way. What would you do? Would you wait for the courts to set this guy free, because all of us here know that is what would happen? Sure he might have been charged with manslaughter, or maybe second degree manslayer. I really don’t think he would have ever been charged with murder or anything and I am sure the drunk would never have spent more than a few years in jail.

Sorry I just don’t understand how our legal system can let a drunk driver get away with murder.

Steve

------------------
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and one big pain in the ass when it doesn't



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quote Originally posted by nitroheadz28: What a sad situation all around , if those were my children I don't know if I'd be able to hold back from severely maiming him if not killing him

Do you let your kids play in the street? You know this can happen even if the driver is not drunk.

My mom hit and killed a 4 year old child playing on the side of a US highway (55 mph) who was pushed in front of her by another child he was playing with from behind a guardrail.. did not even know he was there. . She had no chance to stop or prevent what happened.. I did not see her sleep much after that for the rest of her life. When they went to inform the parents the child was being taken to the hospital, the police found a mound of cocaine on their inntable, they did not know their child was even gone. She was not innebriated in anyway, but it happened. Perhaps someone could have felt retribution necessary, but I do not believe they were "in the right" any more than the guy n this story.

I dont agree with the man killing anyone else, regardless of how angry or upset he was. Not because of "due process" , but because a second killing did nothing to make the situation right. I feel bad for the man losing his kids, but I believe he deserves jail just as much as the man who hit his children..maybe more, considering the drunk driver never intentionally killed anyone, but he did.

My grandmother was killed by the negligence of a surgeon, and it was proven in court with plenty of witnesses that were in the room. She was my artistic influence and my staunchest supporter.. would I have been ok with some of you if I murdered the doctor for what he did?

It would STILL be murder, regardless of my mental state when I did it. And yeah, I was PLENTY upset.

[This message has been edited by tbone42 (edited 02-14-2013).]

Many of the responses in this thread make me very upset.

I can understand the emotions behind what happened, and sympathize with the murderer. But, I can't say it's okay. It's not.

What if that 20-year-old went to jail, came out sober and an activist against drunk driving? He could go speak at the classes taken after someone gets a DWI, and help prevent more. Did you know that 60% of people who get 1 DWI get another? It's something like 90% of second offenses become third.

What if we could lower that statistic? We'll never know what good, or bad, influence could have come from his life. Three lives were robbed on that day, and all had equal worth.

quote Originally posted by tbone42: I dont agree with the man killing anyone else, regardless of how angry or upset he was. Not because of "due process" , but because a second killing did nothing to make the situation right. I feel bad for the man losing his kids, but I believe he deserves jail just as much as the man who hit his children..maybe more, considering the drunk driver never intentionally killed anyone, but he did.

I completely agree tbone. I try to see how my actions will affect third parties, and I hope I would have thought about the parents of the person I'm about to kill before following through with it. Do I really want to cause them the same grief that I'm suffering? Would that really make me feel better?

quote Originally posted by tbone42: Do you let your kids play in the street? You know this can happen even if the driver is not drunk.

I don't have kids, all I know is that I hate drunk drivers or people who drive under the influence of other things. I have no sympathy for someone who gets behind the wheel in such a state, and if I were to be involved in a collision or suffer injuries as a result of one- I know it would be very difficult for me to keep calm and not whoop some ass.

quote Originally posted by tbone42: ...

My god man, I am sorry. I could not even come close to imagening her pain. Truely sorry.

Listen, circumstances. I am not saying that in every instance I would lose it, but if a person under the influence, or intentionally brought harm to my boy.... just wow. (I am literally shaking with the thought.)

I could not live with myself knowing that I killed a child while inebriated. That is why I take the responsible route, and I do not drive under the influence of any substance. Pot, liquor, or anything else. These are not just words behind a screen my friends. They are the truth. I never drive in such a state.

Once again, circumstances would dictate my reactions. I do not change my original post in this thread because I stand by it. It may not fit all molds, but it works for me. Sorry if I offend.

quote Originally posted by theBDub: Many of the responses in this thread make me very upset. I can understand the emotions behind what happened, and sympathize with the murderer. But, I can't say it's okay. It's not. What if that 20-year-old went to jail, came out sober and an activist against drunk driving? He could go speak at the classes taken after someone gets a DWI, and help prevent more. Did you know that 60% of people who get 1 DWI get another? It's something like 90% of second offenses become third. What if we could lower that statistic?

According to your own statistics, the odds of him doing good from now on wouldn't be favorable. 2 DUIs get ya mandantory jail time many places, yet 90% of those don't learn, and get yet a 3rd one.

What if he went to jail for this deadly accident, then got out, had another one--back to jail, and drove under the infuence yet again and had a 3rd deadly DUI accident?

Diminished Capacity? I doubt it. Once he left the scene, walked to his house, retreived the gun and walked back, it became premeditated murder (although he may plea to a lesser charge). The fact that he disposed of the gun just makes it worse for him. If he had the gun with him and shot the guy then reholstered the gun, he'd have a good chance at diminished capacity (or whatever they call it in Texas). What he did was murder, no matter how bad the other persons crime was. The allegedly drunk driver should definitely have had his day in court.........then shot.

As pissed as I might be, I wouldn't have taken the time away from my dead and/or dying kids to walk home to get a gun. I wouldn't have left their side until I had no other choice.

If guns were outlawed this shooting would not have happened.

Maybe--he was "40 meters from home"--about 130 ft. That's not far and not long to walk at all. Maybe a minute--minute & 1/2 tops--one way.

quote Originally posted by Boondawg: It makes me feel stupid to have to remind good men of that, time & time again.

Remind those in DC too while your at it.

As for the thread, revenge is not the way to do business. Give it to the courts.

quote Originally posted by 1988holleyformula: You'd think a good reporter would ask those kind of questions before writing an article that is so emotionally-charged.

That's funny right there.

quote Originally posted by Boondawg: Don't get me wrong, I understand a reckoning. But understanding it don't make it right.

I agree.

Brad

God. I don't even have kids and my reaction was just visceral. I literally have a knot in my stomach. I can absolutely see where the father could have just not even been in his right mind...there's no description of the scene, but given the nature of the accident...oh my God. I could imagine him going to the back of the truck and seeing what was left of his sons and just mentally leaving his body. This is like a Greek Tragedy.

quote Originally posted by theBDub: Many of the responses in this thread make me very upset. I can understand the emotions behind what happened, and sympathize with the murderer. But, I can't say it's okay. It's not.

We're all looking at this in hindsight. Unless we've experienced something like this ourselves, we can't say what we would do.

Walking 250 feet to get a weapon and use it does not take long, particularly if you are just beginning to process the grief that ensues from violently losing one's children.

quote Originally posted by User00013170: Myself i think 1 incident should be all it takes for long term. DUI is not an accident. And if you hurt someone, the stakes go way up. ( up to and including executions.. but not "on the scene"... )

In Texas a 1st DUI offense is some Jail time, min. 3-180 days. Along with up to $2000 fine and your license suspended for 90-365 days. From what I have heard from "experienced" Soldiers, is they lose their license for 1 year, pay the $2000 fine and they spent 3-5 days in jail. Then they had to take a bunch of expensive classes. Then they had to deal with what the Army had for them, loss of pay for 6 months, loss of rank, extra duty, enroll in ASAP (Military's version of AA, kind of), and what ever else they can think of. And it can be a career ender with the way things are right now.

I would never even think about driving while intoxicated. I couldn't live with myself if I hurt an innocent person. And its too expensive. I drink very rarely now because of my Acid Reflux, horrible feeling with just a slight buzz. I do tell people I know that I will give them a ride if they are drunk and have no way to get home.

[This message has been edited by craigsfiero2007 (edited 02-14-2013).]

quote Originally posted by craigsfiero2007: In Texas a 1st DUI offense is some Jail time, min. 3-180 days. .

We have something similar here too, but I was thinking at least a year for a non-accident DUI, if not longer. They were a danger to others, the punishment should reflect it.

quote Originally posted by Formula88: I can see a diminished capacity defense. No one would be in their right mind after that.

I totally agree. Heat of passion, temp insanity all come to mind. At worse, id see him get parole for manslaughter if hes got a clean record otherwise.

Doesn't matter if he walked 20 feet or 20 miles to his house. The fact that what he did wasn't pretty much instantaneous means it's not "in the heat of the moment". If he had the gun on his person or even in the car, maybe. We'll see.

quote Originally posted by Patrick's Dad: We're all looking at this in hindsight. Unless we've experienced something like this ourselves, we can't say what we would do. ....

Even with my input into this thread being said, I really appreciate what you wrote here Patrick's Dad. Circumstances are different in everyone's own mind. Even though I am pretty sure what my reaction would be, I am not totally sure what my reaction would be.

I find it best to obey the law, but I also can sympathize with the father of the two murdered children. Yes, murder. Drunk driving deaths are murder. Completely preventable.