Father ‘shot dead drunk driver moments after he crashed into truck killing his two young sons'

**NickTheCage** · 02-12-2013, 02:43 PM

Texas man David Barajas charged for shooting dead drunk driver who killed his sons, age 11 and 12 | Mail Online

* Father David Barajas, 31, was charged with murder in the shooting death of Jose Banda, 20
* Banda was drunk when he struck Barajas' car this December, as he and his sons pushed it home on a rural road
* Barajas' sons David Jr. 12, and Caleb, 11 were killed, and Banda was found dead of a gunshot wound at the scene
* Barajas has turned himself in and is being held on $450,000 bond

A father has been charged with murder on Friday after allegedly shooting a drunk driver moments after he plowed into his truck killing his two young sons.

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 on a dark rural road.

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.

Investigators believe Banda had been drinking before the crash, and they're awaiting the results of blood tests on him.

At a funeral service for the two boys, family and friends spoke of the brothers' love of sports and their family.

Read more: Texas man David Barajas charged for shooting dead drunk driver who killed his sons, age 11 and 12 | Mail Online
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**toxigal** · 02-12-2013, 04:43 PM

Originally Posted by NickTheCage

Texas man David Barajas charged for shooting dead drunk driver who killed his sons, age 11 and 12 | Mail Online

Very good chance he was drunk, however, no toxicology testing has been done yet so the title is misleading.

**MNG1324** · 02-12-2013, 04:44 PM

What is your opinion on this story? No charges? 2nd degree murder? (Directed to the OP)

**toxigal** · 02-12-2013, 04:50 PM

Originally Posted by MNG1324

What is your opinion on this story? No charges? 2nd degree murder? (Directed to the OP)

Not the OP, but i'd go with first degree manslaughter as there was malice and premeditation mitigated by extreme emotional disturbance.

**Gone** · 02-12-2013, 05:08 PM

Temporary insanity , see a shrink for six months, make everybody happy.

**AsYouWere** · 02-12-2013, 05:25 PM

Too few details to make a decision, such as was the road straight (in Texas most likely) and was the guy drunk. You're slipping Nick...

**toxigal** · 02-13-2013, 10:40 AM

Originally Posted by AsYouWere

Too few details to make a decision, such as was the road straight (in Texas most likely) and was the guy drunk. You're slipping Nick...

the guy who hit the kids already got the death penalty. i think the question is what should the charge be for the man who shot him. i do not think the circumstances of the accident really matter much in this regard.

**AsYouWere** · 02-13-2013, 11:10 AM

Originally Posted by toxigal

the guy who hit the kids already got the death penalty. i think the question is what should the charge be for the man who shot him. i do not think the circumstances of the accident really matter much in this regard.

I'm curious what the driver's level of negligence was.

**toxigal** · 02-13-2013, 11:10 AM

"Texas man David Barajas charged for shooting dead drunk driver who killed his sons, age 11 and 12 | Mail Online"

can we talk about this headline now?

I will reconsider my opinion that Mr. Barajas should be charged in this case if the headline is accurate and the drunk driver was dead when Mr. Barajas shot him. And who's sons were killed, the driver or the shooter?

**toxigal** · 02-13-2013, 11:16 AM

Originally Posted by AsYouWere

I'm curious what the driver's level of negligence was.

what role does the driver's negligence play in the shooters accident? also to consider is, it is my understanding, that Mr. Barajs and his sons were pushing a truck along a dark road. His wife and two other children were inside the truck. There is, in my opinion, also negligence on his part that will be a mitigating circumstance. I am also bothered by the idea that this man chose to go to his house, get a gun and shoot someone after this accident instead of providing aid to his injured children.

Tox has come back, and the driver was absolutely drunk. I do not think that will play a big role legally. It certainly will in the sure to follow civil trial.

**AsYouWere** · 02-13-2013, 11:35 AM

I respect your opinion and am trying to better form mine, and keep in mind those two boys also got a death sentence.

Since the guy was drunk most other considerations go out the window, such as conditions, visibility, but were the truck's lights on is still in play though.

At this point I'd say manslaughter considering the father's state of mind. I'm surprised he went for a gun and didn't beat the guy to death. Also I believe there are no witnesses and we don't know if the father confessed(?).

**toxigal** · 02-13-2013, 11:39 AM

Originally Posted by AsYouWere

I respect your opinion and am trying to better form mine, and keep in mind those two boys also got a death sentence.

Since the guy was drunk most other considerations are go out the window, such as conditions, visibility, but were the truck's lights on is still in play though.

At this point I'd say manslaughter considering the father's state of mind. I'm surprised he went for a gun and didn't beat the guy to death. Also I believe there are no witnesses and we don't know if the father confessed(?).

i concur. there are a lot of factors to be considered. I do think they will play a bigger role in a civil case than in a criminal case. the part that really bothers me is, based on what is reported, is that the driver would be dead, regardless of whether he was drunk or not.

**AsYouWere** · 02-13-2013, 11:43 AM

Originally Posted by toxigal

i concur. there are a lot of factors to be considered. I do think they will play a bigger role in a civil case than in a criminal case. the part that really bothers me is, based on what is reported, is that the driver would be dead, regardless of whether he was drunk or not.

The way Nick worded his title that's what I thought happened - he shot an already dead drunk driver.

**Jayfar** · 02-13-2013, 12:08 PM

Originally Posted by toxigal

"Texas man David Barajas charged for shooting dead drunk driver who killed his sons, age 11 and 12 | Mail Online"

can we talk about this headline now?

I will reconsider my opinion that Mr. Barajas should be charged in this case if the headline is accurate and the drunk driver was dead when Mr. Barajas shot him. And who's sons were killed, the driver or the shooter?

I'm pretty sure, as best I can figure from the actual article, that it was just a poorly written headline. He didn't shoot a dead drunk driver, he shot a drunk driver dead. Otherwise he would only be charged with abuse of a corpse and maybe firearm violations.

**toxigal** · 02-13-2013, 12:19 PM

Originally Posted by Jayfar

I'm pretty sure, as best I can figure from the actual article, that it was just a poorly written headline. He didn't shoot a dead drunk driver, he shot a drunk driver dead. Otherwise he would only be charged with abuse of a corpse and maybe firearm violations.

oh, i know. I was commenting no the horrible grammar.

**whatever** · 02-13-2013, 12:42 PM

It's Texas. Of course he had a gun. Temporary Insanity. Counseling for year to help father come to terms. Normal reaction for father, I'd say.

**AsYouWere** · 02-13-2013, 12:47 PM

Originally Posted by toxigal

the part that really bothers me is, based on what is reported, is that the driver would be dead, regardless of whether he was drunk or not.

We're going Monty Python here except that it's a real story.

I've had to read your sentence more than once and first construed the driver would have died anyway? But then saw another possible meaning that the father would have shot him even if sober.

**toxigal** · 02-13-2013, 02:08 PM

Originally Posted by AsYouWere

We're going Monty Python here except that it's a real story.

I've had to read your sentence more than once and first construed the driver would have died anyway? But then saw another possible meaning that the father would have shot him even if sober.

yes, the latter is what i meant. since i do not see how the father had time to determine that the driver was drunk.

**toxigal** · 02-13-2013, 02:10 PM

Originally Posted by whatever

It's Texas. Of course he had a gun. Temporary Insanity. Counseling for year to help father come to terms. Normal reaction for father, I'd say.

really? you think this is a normal reaction? your child is lying on the ground dying, and the normal reaction is to go to your house, get a gun and return and shoot someone? i would think a more normal reaction would be to provide aid and comfort to the injured child.