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Texas Dad Accused of Murdering Drunk Driver Who Killed Kids


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#1 hsedin33

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Posted 12 February 2013 - 01:30 PM

http://abcnews.go.co...ory?id=18477907

A Texas father, who watched a drunk driver strike and kill his two young sons, has been charged with murder after allegedly shooting the driver in the head moments after the accident.
David Barajas, 31, was charged with murder on Monday, more than two months after his sons David Jr., 12, and Caleb, 11, were killed steps from their home on a rural road outside Houston on Dec. 7.
Bond was set at $450,000, police said.
Barajas and his sons were pushing the family's disabled pickup truck toward their home late that night, as the boys' mother and two younger siblings sat inside, according to a police report released by the Brazoria County Sheriff's Department.
They were struck by Jose Banda, 20, the driver of a Chevy Malibu, instantly killing David Jr. and critically injuring Caleb, who later died at a hospital.
"Banda was determined to be intoxicated at the time of the crash," police said in their report.

When cops arrived on the scene, they noticed something else about Banda. He had been shot in the head. But they could not immediately find the murder weapon.
"Investigators recovered a projectile from inside of the vehicle that Jose Banda's was shot in. Investigators were unable to match that projectile to a weapon because no weapons were recovered at the scene," according the sheriff's department.
Witnesses at the scene watched Barajas walk to his home and allegedly retrieve the gun with which he shot Banda, according to a police report. When police searched the home, they found a pistol holster and ammunition, but no firearm.
"Investigators are currently awaiting results of gunshot residue tests which were collected at the scene," police said. On Friday, a grand jury found there was enough evidence that Barajas could be charged.
According to authorities, he does not yet have an attorney.
"It really hurt a lot of us," Jose Roman, a family friend of Barajas, told ABC affiliate KTRK-TVabout the death of the boys and the indictment of their father.
The boys, both fans of the Houston Texans, were buried last month. Many of the mourners at their funeral wore Texans jerseys.
But the family of the slain driver believes justice must be done.
"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."

Edited by hsedin33, 12 February 2013 - 01:30 PM.

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#2 susraiders

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Posted 12 February 2013 - 01:37 PM

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I can't blame him for his actions. He would have snapped easily just like any other rational father.
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#3 Please Call 911

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Posted 12 February 2013 - 01:39 PM

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"It was an accident. He didn't purposely do that,' Janie Tellez told KTRK. "Whoever did it is getting away with murdering my nephew. He deserves justice."


Personally I find that it is never an accident when a drunk driver kills someone. He was drunk and he was driving. They don't work together. Don't blame the other guy for killing the driver he deserved it for endangering others lives.
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Please Call 911

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#4 Niloc009

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Posted 12 February 2013 - 01:39 PM

I'm actually surprised that this type of thing doesn't happen more often.

And for those that say don't blame the father, what? He killed a guy. Unless he's insane, he's responsible for his own actions.

Edited by Niloc009, 12 February 2013 - 01:40 PM.

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#5 sedated

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Posted 12 February 2013 - 01:39 PM

If the drunk driver's family really said "He didn't purposely drink and drive.." then they need a kick in the head or something.

Hey Wetcoaster, if the guy lost his two sons and was very emotional at the time, couldn't there be some leniancy in the sentence since it happened so fast it might've been like he didn't really have control of his actions? I could imagine losing two children, on my own property, would probably get a pretty crazy reaction out of me. Could you call it tresspassing or anything too? I thought in some parts of the US you could actually shoot people that came on your property.
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#6 I Got A Boy

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Posted 12 February 2013 - 01:41 PM

father's are mean in 21st century
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#7 Jägermeister

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Posted 12 February 2013 - 01:42 PM

Shouldn't be convicted IMO.
Can't blame the guy at all for what he did after watching his 2 sons being murdered.
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#8 Bitter Melon

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Posted 12 February 2013 - 01:42 PM

If the drunk driver's family really said "He didn't purposely drink and drive.." then they need a kick in the head or something.

Hey Wetcoaster, if the guy lost his two sons and was very emotional at the time, couldn't there be some leniancy in the sentence since it happened so fast it might've been like he didn't really have control of his actions? I could imagine losing two children, on my own property, would probably get a pretty crazy reaction out of me. Could you call it tresspassing or anything too? I thought in some parts of the US you could actually shoot people that came on your property.


I'm not Wetcoaster, but I believe flying off the handle and killing someone is called 'Second Degree Murder'.
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#9 sedated

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Posted 12 February 2013 - 01:45 PM

I'm not Wetcoaster, but I believe flying off the handle and killing someone is called 'Second Degree Murder'.


I would think that would be for less extreme things. Like being drunk or drugged or something. I wonder if he'd be able to have a case with temporary insanity or something.
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#10 Bitter Melon

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Posted 12 February 2013 - 01:47 PM

I would think that would be for less extreme things. Like being drunk or drugged or something. I wonder if he'd be able to have a case with temporary insanity or something.


No, you're thinking of manslaughter. If I get mad and punch you, and you happen to fall and hit your head and die, but I had no intention of actually taking your life, thats manslaughter. If I get mad and stab you, thats second degree murder.
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#11 zombieksa

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Posted 12 February 2013 - 01:49 PM

I think if I was in his situation, I would cut off his hands and made him easy pickings in prison.
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#12 dalla7

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Posted 12 February 2013 - 01:52 PM

enraged father + hopeless judicial systems = not the last time were gonna read a story like this

Also what personally sickens me is that Canada's system is so flawed that the driver who killed the two sons would have seen minimal time in jail while a family will be grief stricken the rest of there lives. I personally do not agree with what the father did but his thought process is not without merit if you truly put yourself in that position. Family is everything! Take that away and your left with empty souls.
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#13 nobbiep

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Posted 12 February 2013 - 01:53 PM

So did the father have a breathalyser to determine that the guy was drunk? Because Diabetic shock or low blood sugar can look like your drunk...in other words this guy didn't know and murdered him because he at the time decided he was drunk....pretty stupid father...you cant just go out and serve your own justice...that is why we have a criminal justice system...duh....
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#14 hsedin33

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Posted 12 February 2013 - 01:54 PM

Its a crime of passion I believe. http://en.wikipedia....rime_of_passion

I doubt he gets let off completely though, otherwise it would be open season for 'revenge killings' everywhere. Suddenly everyone in America would be walking around with a hidden gun waiting to kill someone, oh wait...
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#15 CrippledCanuck

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Posted 12 February 2013 - 01:55 PM

Well usually I would say he should be put in jail for life but when you add up several things ie shock from accident on his body and mind, then shock of seeing at least one child die he will probably get off with a lighter sentence. Having my life severely affected by drunk drivers in the past has left me no sympathy for the drunk driver, just for the young victims family and the drunk drivers family.
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#16 topbananas

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Posted 12 February 2013 - 01:58 PM

And for those that say don't blame the father, what? He killed a guy. Unless he's insane, he's responsible for his own actions.


WHAT? are you serious??? I would imagine, and I hope to God I never find out, that seeing something like that might, just might send you over the edge.
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#17 sedated

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Posted 12 February 2013 - 01:59 PM

I highly doubt it would be 'open season'. Unless suddenly drunk drivers are killing two children everywhere right in front of their fathers who are on their property with a gun waiting. I mean.. he killed the kids right by their home. I just find it hard not to have sympahty for the father in this setting. Seeing an irresponsible douche kill family in front of me would be pretty hard to process.
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#18 Aleksandr Pistoletov

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Posted 12 February 2013 - 02:01 PM

Surely the father knew it was murder, but I can't say I wouldn't do the same thing. He got the justice he wanted, and of course he's going to have to pay a price for it.

Brings back memories of Gary Plauche at an airport killing the paedophile who raped his son (shooting him point blank in the head), who then got like 5 years of probation. Hopefully the sentence upon the dad is lenient. Dad just saved taxpayer money paying for this scum's prison/court time. Kudos to him.

Edited by zaibatsu, 12 February 2013 - 02:02 PM.

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#19 Bitter Melon

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Posted 12 February 2013 - 02:02 PM

WHAT? are you serious??? I would imagine, and I hope to God I never find out, that seeing something like that might, just might send you over the edge.


What he's saying is that while you can empathize with the father, it doesn't excuse what he did. Killing someone when you're really, really mad is still a crime, regardless of what that person did to you. If we let people off because they were getting revenge on someone when they committed a crime, our prisons would be empty.

Edited by CAPSLOCK, 12 February 2013 - 02:04 PM.

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#20 Monty

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Posted 12 February 2013 - 02:04 PM

Eye for an eye. I'm a Christian and I probably would have done the same thing, in the moment.
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#21 sedated

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Posted 12 February 2013 - 02:06 PM

It depends entirely, you guys. If this father waited for like months or years to get the guy back, then that's different. But from what I get from the story, he ran his kids over in front of him right outside his house, and within ten minutes of seeing his kid die and the other be in bad shape, he went and got his gun and shot the guy. The pedo case was months after. This happened literally in the heat of the moment.

I'd honestly be surprised if someone could keep a level head if they watched someone they really loved be pointlessly killed right in front of them.
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#22 Gumballthechewy

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Posted 12 February 2013 - 02:07 PM

Eye for an eye. I'm a Christian and I probably would have done the same thing, in the moment.


Not surprising.
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#23 Rounoush

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Posted 12 February 2013 - 02:09 PM

The father was drunk with grief. If the driver killing the kids from being intoxicated was an accident so was this.
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#24 Electro Rock

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Posted 12 February 2013 - 02:10 PM

Some people need killing, some events need to happen.
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Posted 12 February 2013 - 02:13 PM

If I had just watched my two sons get killed by a drunk driver, legal reprecussions would be the last thing on my mind. No gun?. Snapped neck.
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#26 D-Money

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Posted 12 February 2013 - 02:15 PM

Nothing was solved here. Just adding tragedy to tragedy. Now the mom and sibling have this additional burden.

That's the problem with guns. Makes it too easy to cause permanent damage while under emotional duress.
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#27 Mr.DirtyDangles

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Posted 12 February 2013 - 02:16 PM

The murder here was the drunk who killed the boys. The drunk's family should get the body back in a box and can do what ever they wish from there. ZERO tolerance for killing while drunk behind the wheel. He should have dragged the frakker out of his vehicle and held him in a nice dark basement for a few years. Post a few youtube videos so his family can see how nice his accommodations are from time to time.

Edited by vanfan73, 12 February 2013 - 02:17 PM.

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#28 Monty

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Posted 12 February 2013 - 02:17 PM

Not surprising.


In the heat of the moment, I think a lot of people would do the exact same thing if they had the opportunity. I don't own a gun, so I guess I'd have to choke the guy to death.
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#29 nuckin_futz

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Posted 12 February 2013 - 02:22 PM

So what did he really accomplish? He's surely going to prison. It is Texas after all.

So you have a 3 dead and a wife without a husband and 2 young children without their father.
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#30 Aladeen

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Posted 12 February 2013 - 02:23 PM

Almost like a shakespearian tradgedy. Horrible to see so much death, I can't say I blame the father at all, no parent should have to outlive their children let alone witness such a horrific event involving his kids first hand. Though the drunk driver, while his actions are inexcusable, was basically still just a kid as well. This is a tough article to read. I can't believe in this day and age with the penalties associated with drunk driving that people would still do it, its not like its hard to call a cab or a friend/relative to pick you up.
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